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MANUAL. 


ELECTORS’ 

^onslitnlioniil §rtici!itons 

AND 

STATUTES OF THE UNITED STATES 


RELATING TO 


PRESIDENTIAL ELECTIONS, 

ELECTIONS OF SENATORS AND REPRESENTATIVES, 

CITIZENSHIP, 

AND THE ELECTIVE FRANCHISE. 


WITH 

AN APPENDIX 

SHOWING THE METHOD OF COUNTING THE ELECTORAL VOTES FOR 
PRESIDENT AND VICE-PRESIDENT. 


BY 


CHARLES SIDNEY WHITMAN, 

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AUTHOR OF “patent LAWS AND PRACTICE OP OBTAINING LETTERS PATENT," 
AND EDITOR OF “PATENT CASES DETERMINED IN THE SUPREME 

COURT OP THE UNITED STATES.” 

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“7/ has been a current observation that where annual elections end, tyranny begins." —Story. 


WASHINGTON, D. C.: 

W. H. & O. H. MORRISON, 

LAW BOOKSELLERS AND PUBLISHERS. 








Entered according to Act of Congress, in the year 1877, 

By W. H. & 0. II. MORRISON, 

In the Office of the Librarian of Congress, at Washington, D. C. 


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SHERMAN & CO., PRINTERS, 
PHILADELPHIA, 



PROVISIONS OF THE CONSTITUTION OF THE UNITED 
STATES HAVING REFERENCE TO ELECTIONS, 
CITIZENSHIP, AND ELECTIVE FRANCHISE. 


PAGE 

1. House of Representatives, how and by whom chosen,. . . 11 

2. Qualifications of Representatives, . . . . . .11 

3. Representatives, how apportioned, ...... 11 

4. Vacancies filled, .......... 11 

5. Senators, how and by whom chosen,.11 

6. Classification of Senators; State Executive to make temporary 

appointments, .......... 11 

7. Qualifications of Senators,.12 

8. Manner of electing Senators, ..12 

9. Each House shall be the judge of its own members, . . .12 

10. Presidential Term,.12 

11. Appointment of Electors,.12 

12. Day for choosing Electors, ........ 12 

13. Qualification of President,.12 

14. Death, resignation, or removal of President, . . . .12 

15. Manner of choosing President and Vice-President, . . . 12--^ 

16. Citizenship, ........... 13 

17. Apportionment of Representatives,.13 

18. Ineligible persons,.14 

19. Power of Congress to enforce Art. 14, . . . . .14 

20. Right to vote, . 14 

21. Power of Congress to enforce Art. 15,.14 

















4 


PRESIDENTIAL ELECTIONS. 


PAET IL 


KEVISED STATUTES OF THE UNITED STATES HAVING 
REFERENCE TO ELECTIONS, CITIZENSHIP, 

AND ELECTIVE FRANCHISE. 


CHAPTER I. 

PRESIDENTIAL ELECTIONS. 

PAGE 

22. Time of appointing Electors,.14 

23. Number of Electors,.14 

24. Vacancies in the Electoral College, ...... 15 

25. Failure to make a choice on the appointed day, . . . .15 

26. Meeting of Electoral College,.15 

27. List of names of Electors to be furnished to them, . . .15 

28. Manner of voting, ......... 15 

29. Certificates to be made and signed,.15 

30. Certificates to be sealed and indorsed, ...... 15 

31. Transmission of Certificates, . . . . . . .15 

32. When Secretary of State shall send for District Judge’s lists, . 15 

33. Counting the Electoral votes in Congress, . . . . .16 

34. Provision for absence of President of the Senate, . . .16 

35. IMileage of Messengers, . . . . . . . .16 

36. Forfeiture for Messenger’s neglect of duty,. . . . .16 

37. Vacancy in both offices,.16 

38. Notifieation of vacancies to be published, . . . . .16 

39. Requisites of the notification, ....... 16 

40. Time of holding Election to fill vacancy, . . . . .17 

41. Regulation for quadrennial election made applicable to elec¬ 

tion to fill vacancies, . . . . . . . .17 

42. Resignation or refusal of office, ....... 17 


CHAPTER II. 

ELECTION OF SENATORS. 

43. When Senators to be elected,.17 

44. Mode of Election,.17 

45. Vacancy occurring before meeting of Legislature, . . .18 

46. Vacancy during session of Legislature; election of Senators 

certified,.18 

47. Election of Senators certified,.18 

48. Countersign of certificate, ........ 18 













REPRESENTATIVES—CITIZENSHIP—ELECTIVE FRANCHISE. 5 


CHAPTER III. 

APPORTIONMENT AND ELECTION OF REPRESENTATIVES. 

PAGE 

49. Number and apportionment of Representatives, . . . .18 

60. Representatives assigned to new States,.19 

51. Reduction of Representation under Amendment 14, . . .19 

62. Election by Districts, ..19 

63. Representative from California in Forty-fourth Congres.s,. .19 

54. Time of Election,.20 

55. Vacancies,.20 

66. Vote by Ballot,.20 


CHAPTER lY. 

CITIZENSHIP. 

57. Who are Citizens,.20 

58. Citizenship of Children of Citizens born abroad, . . .20 

59. Citizenship of Married Women, ....... 21 

60. Of persons born in Oregon,. ....... 21 

61. Rights as Citizens forfeited for Desertion, . . . . .21 

62. Certain Soldiers and Sailors not to incur the forfeiture of the 

last section, .......... 21 

63. Avoiding the Draft, ..21 

64. Right of Expatriation declared, ....... 21 

65. Protection to Naturalized Citizens in foreign States, . . .21 

66. Release of Citizens imprisoned by Foreign Governments to be 

demanded,.22 


CHAPTER Y. 

THE ELECTIVE FRANCHISE. 

67. Bringing Armed Troops to places of Election, . . . .22 

68. Interference with Freedom of Elections by officers of Army or 

Navy, ..22 

69. Race, color, or previous condition not to affect the Right to 

Yote,.22 

70. Nor the performance of any Prerequisite, . . . . .22 

71. Penalty for refusing to give full effect to preceding section, . 23 

72. AVhat shall entitle a person to Vote, ...... 23 

73. Penalty for wrongfully refusing to Receive a Vote, . . .23 

74. For unlawfully hindering a person from Voting, . . .23 

75. Remedy for deprivation of Office,.24 

76. In cities and towns of over 20,000 inhabitants, etc., upon written 

application of two citizens, the Circuit Judge to open court, . 24 

















6 


APPENDIX. 


PAGE 


77. Supervisors of Election,.24 

78. Court to be kept open, ......... 24 

79. District Judge may perform duties of Circuit Judge, . . 25 

80. Construction of preceding section, ...... 25 

81. Duties of Supervisors of Elections,.25 

82. Attendance at Elections,.25 

83. To personally scrutinize and count each Ballot, . . . .26 

84. Their Positions,.26 

85. When Molested,.26 


87. Duties of Marshals, ..27 

88. Persons arrested to be taken forthwith before a Judge, . . 28 

89. Assistance by Bystanders,.28 

90. Chief Supervisors of Elections,.28 

91. Their Duties,.. . . . • 28 

92. Marshals to forward complaint to Chief Supervisors, . . .28 

93. Supervisors and Deputy Marshals to be qualified voters, etc., . 29 

94. Certain Supervisors not to make Arrests, etc., . . . .29 

95. ISo more Marshals or Deputies to be Appointed than now au¬ 

thorized, ........... 29 

96. Pay of Supervisors,.29 


APPENDIX. 


Electoral votes of 1789,. 30 

The Senate choose a President pro iempore, . . . .30 

Notify the House of Kepresentatives that they are ready to count 
the votes, ........... 30 

House attends,..30 

N otification of the President and Vice-President of their election, 31 

Electoral votes of 1793,. 31 

Message from the House of Kepresentatives requesting the ap¬ 
pointment of a joint committee to count the votes, . . 31 

Senate appoints committee, ....... 32 

Keport of committee,.32 

Electoral votes of 1797,. 32 

Kesolution for appointment of a committee introduced, . . 32 

Adopted,.32 

House of Representatives concurs, ...... 32 

Report of committee, ......... 32 

Adoption of report by Senate,.33 

Adoption of report by House of Representatives, . . .33 

Notification of the President and Vice-President of their election, 33 



















APPENDIX. 


7 


PAGE 

Electoral votes of 1801,. 33 

Kesolution of the House of Eepresentatives requesting the ap¬ 
pointment of a committee to devise a mode of counting the 
votes, ........... 33 

Senate concurs, .......... 34 

Keport of committee (disagreement),. 34 

Senate adopts a resolution requesting the attendance of the House 
of Eepresentatives in the Senate Chamber, . . . .34 

House of Eepresentatives agrees to attend, and appoints tellers, 34 
No election of President, ........ 35 

Notification of Vice-President,. 35 

Electoral votes of 1805,. .35 

Eesolution of the Senate notifying the House of Eepresentatives 
that it will be ready to receive them for the purpose of count¬ 
ing the electoral votes, ........ 36 

Eesolution of the House of Eepresentatives, the appointment of 

committee, ..36 

House of Eepresentatives concurs in Senate resolution, . . 36 
Notification of the President and Vice-President of their election, 37 

Electoral votes of 1809,. 37 

Eesolution to appoint a committee to devise a plan for counting 

the votes,.37 

Agreed to,.37 

House of Eepresentatives concurs,.38 

Eeport of committee, ......... 38 

House of Eepresentatives and Senate adopt the report, . . 38 
Notification ofthePresidentand Vice-President of their election, 38 

Electoral votes of 1813,.38 

Eesolution for a committee to devise a mode of counting the 

votes to be appointed:.39 

Adopted,.39 

House of Eepresentatives concurs,.39 

Eeport of committee,.39 

Adopted,.39 

House of Eepresentatives adopts report, ..... 40 

Notification of the President and Vice-Presidentof their election, 40 

Electoral votes of 1817,.40 

Eesolution for the appointment of a committee to devise a mode 
of counting the votes, ........ 40 

Eeport of committee,.41 

Adopted, ..41 

Dispute about the electoral vote of Indiana, . . . .41 
















8 


APPENDIX. 


PAGE 


Electoral votes of 1821,.41 

Resolution for the appointment of a committee to devise a mode 
of counting the votes, ........ 42 

Adopted,.42 

Report of the committee,.42 

Adopted, . . ..42 

The vote of the State of Missouri objected to, . . . .42 

Action of both houses,.42 

Electoral votes of 1825,. 43 

Resolution for the appointment of a committee to devise a mode 

of counting the votes,.43 

House of Representatives concurs,.43 

Report of committee in part,.43 

Adopted,.43 

No election of President, ........ 44 

Action of the President of the Senate,.44 

Electoral votes of 1829,. 45 

Resolution for the appointment of a committee to devise a mode 
of counting the votes, ........ 45 

Adopted, ........... 45 

House of Representatives concurs,.45 

Report of committee in part,.45 

Adopted,.45 

Report finally,.46 

Adopted,.46 

Electoral votes of 1833,. 46 

Resolution for the appointment of a committee to devise a mode 

of counting the votes,.46 

Adopted,.46 

Report of committee in part,.46 

Adopted,.47 

House of Representatives concurs, ...... 47 

Report final, .......... 47 

Adopted,. 47 

Electoral votes of 1837,. 47 

Resolution for the appointment of a committee to devise a mode 

of counting the votes,.48 

Amended on motion of Mr. Clay,.48 

Adopted as amended,.48 

House of Representatives concurs, ...... 48 

Report of the committee in part,.48 

Report adopted ; yeas and nays, ....... 49 

Announcement of the vote as affected by the State of Michigan, 49 






















APPENDIX. 


9 


PAGE 


No choice of a Yice-President, ....... 50 

Report of committee final,.50 

Action of the Senate, . . -.50 

Election of Vice-President,.50 

Electoral votes of 1841,. 51 

Resolution for the appointment of a committee to devise a mode 

of counting the votes,. 51 

Adopted, .. 51 

House of Representatives concurs,.51 

Report of committee in part,.51 

Adopted,. 52 

Report of committee final,.52 

Electoral votes of 1845,. 52 

Resolution for the appointment of a committee to devise a mode 

of counting the votes,.52 

House concurs,. 53 

Reports of committee in part,.53 

Adopted,. 53 

Report finally,. 53 

Electoral votes of 1849, . 53 

Resolution for the appointment of a committee to devise a mode 
of examining and counting the votes, . . . . .54 

Adopted,.54 

Report of the committee in part,.54 

Adopted,.54 

Final report,.54 

Adopted, ..55 

Electoral votes of 1853,. 55 

Resolution for the appointment of a committee to devise a method 

of examining the votes,.55 

Adopted, and committee appointed, ...... 55 

House of Representatives concurs, ...... 55 

Report of committee in part, ....... 55 

Adopted,.55 

Final report,.56 

Adopted,.56 

Electoral votes of 1857,. 56 

Resolution to appoint a committee to devise a method of examin¬ 
ing and counting the votes,.56 

Adopted, and committee appointed,.57 

House of Representatives concurs, ...... 57 

Report of committee,.. . .57 


1 * 

















10 


APPENDIX. 


PACK 

Adopted,.57 

Dispute about the vote of the State of Wisconsin, . . .57 

Resolution of the House of Representatives, . . . .57 

Adopted, . . •.57 

Electoral votes of 1861, . 58 

Resolution for the appointment of a committee to devise a plan 

for examining and counting the votes,.58 

Adopted,.58 

House of Representatives concurs,.58 

Report of committee, ......... 58 

Adopted, ........... 58 

Final report,.58 

Adopted,.59 

Electoral votes of 1865,. 59 

Resolution for the appointment of a committee to devise a plan 

for examining and counting the votes,.69 

House of Representatives concurs, ...... 69 

Report of committee, ......... 69 

Adopted,.60 

House of Representatives concurs,.60 

Final report,.60 

Adopted,.61 

Electoral votes of 1869,. 61 

Resolutionin regard to counting the votes of the State of Georgia, 61 

Adopted,.61 

Resolution for the appointment of a committee to devise a plan 
to examine and count the votes, ...... 62 

Objection to the votes of Louisiana, . . . . . .62 

Resolution of House of Representatives, . . . . .63 

Objection to the vote of Georgia, ...... 63 

Resolution in regard to, ........ 63 

Resolution of Mr. Morton, ........ 64 

Electoral votes of 1873,. 64 

Extracts from debates and proceedings of Congress illustrating 
the method of counting the vote under the twenty second 
joint rule, .......... 64 

Action of the Forty-third and Forty-fourth Congresses upon 
the bill reported by Senator Morton for counting the elec¬ 
toral vote,.75 

Disqualifications of electors, extracts from Gales and Seaton’s 

register of debates of Congress,.82 

Report of committees of the Senate and House of Representa¬ 
tives relative to the mode of electing President and Vice- 
President, .86 





















PART L 


PKOVTSIONS OF THE CONSTITUTION OF THE UNITED 
STATES HAVING REFERENCE TO ELECTIONS 
AND CITIZENSHIP. 

1. House of Representathes ho'io and by whom Chosen .—The House of 
Representatives shall be composed of members chosen every second year 
by the people of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most numerous branch 
of the State legislature. Art. 1, sec. 2, cl. 1. 

2. (Qualifications of Rcpreseniatite .—No person shall be a representative 
who shall not have attained to the age of twenty-five years, and been 
seven years a citiTsen of the United States, and who shall not, when 
elected, be an inhabitant of that State in which he shall be chosen. Art. 
1, sec. 2, cl. 2. 

3. Representatives; how Apportioned .—Representatives and direct taxes 
shall be apportioned among the several States which may be included 
Avithin this Union, according to their respective numbers, which shall 
be determined by adding to the whole number of free persons, including 
those bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration shall 
be made within three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten years, in such 
manner as they shall by law direct. The number of representatives shall 
not exceed one for every thirty thousand, but each State shall have at 
least one representative; and until such enumeration shall be made, the 
State of New Hampshire shall be entitled to choose three, Ma.s.sachusetts 
eight, Rhode Island and Providence Plantations one, Connecticut five, 
New York six, New Jersey four, Pennsylvania eight, Delaware one, 
Maryland six, Virginia ten. North Carolina five. South Carolina five, 
and Georgia three. Art. 1, sec. 2, cl. 3. 

4. Vacancies Filled .— When vacancies happen in the repre.sentation 
from any State, the executive authority thereof shall issue writs of elec¬ 
tion to fill such vacancies. Art. 1, sec. 2, cl. 4. 

5. Senators; how and by v)hom Chosen .—'The Senate of the United 
States shall be composed of two senators from each State, chosen by the 
legislature thereof, for six years; and each senator shall have one vote. 
Art. 1, sec. 3, cl. 1. 

6. Classification of Senators ; State Executive to make Temporary Ap¬ 
pointments .—Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be into three 
classes. The seats of the senators of the first class shall be vacated at the 


12 


THE electors’ MANUAL. 


expiration of the second .year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the sixth year, so 
that one-third may be chosen every second year ; and if vacancies happen 
by resignation or otherwise, during the recess of the legislature of any 
State, the executive thereof may make temporary appointments until the 
next meeting of the legislature, which shall then till such vacancies. Art. 
], sec. 3, cl. 2 

7. Qualifications of Senator. —No person shall he a senator who shall 
not have attained the age of thirty years, and been nine years a citizen 
of the United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. Art, 1, sec. 8, cl. 3. 

8. Marmer of Election of Senators. —The times, places, and manner of 
holding elections for senators and representatives, shall be prescribed in 
each State by the legislature thereof; but the Congress may at any time 
by law, make or alter such regulations, except as to the places of choosing 
senators. Art. 1, sec. 4, cl. 1. 

9. Each House shall be the Judge of its Own Members. —Each house 
shall be the judge of the elections, returns, and qualifications of its own 
members. Art. l,sec, 5, cl. 1. 

10. Presidential Term. —The executive power shall be vested in a Presi¬ 
dent of the United States of America. He shall hold his office during 
the term of four years, and, together with the Vice-President, chosen for 
the same term, be elected as follows. Art. 2, sec, 1, cl. 1. 

11. Appointment of Electors. —Each State shall appoint, in such manner 
as the legislature thereof may direct, a number of electors, equal to the 
whole number of senators and representatives to which the State may be 
entitled in the Congress; but no senator or repi'esentative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. Art. 2, sec. 1, cl. 2 

12. Day for chcosing Electors. —The Congress may determine the time 
of choosing the electors, and the day on which they shall give their votes ; 
which day shall be the same throughout the United States. Art. 2, sec. 1. 

13. Qualification of President. —No person except a natural-born citizen, 
or a citizen of the Dnited States, at the time of the adoption of this Con¬ 
stitution, shall be eligible to the office of President; neither shall any 
person be eligible to that office who shall not have attained to the age .of 
thirty-five years, and been fourteen years a resident within the United 
States. Art. 2, sec. 1. 

14. Death, Resignation or Removal of President. —In case of the re¬ 
moval of the President from office, or of his death, resignation, or ina¬ 
bility to discharge the powers and duties of the said office, the same shall 
devolve on the Vice-President, and the Congress may bylaw provide for 
the case of removal, death, resignation, or inability, both of the Presi- 
dent and Vice-President, declaring what officer shall then act as Presi¬ 
dent, and such officer shall act accordingly, until the disability bo 
removed, or a President shall be elected. Art, 2, sec. 1, 

15. Manner of choosing^ President and Vice-President. —The electors 
shall meet in their respective States, and vote by ballot for President and 
Vice-President, one of whom, at least, shall not be an.inhabitant of the 
same State with themselves; they shall name in their ballots the person 


THE electors’ MANUAL. 


13 


voted for as President, and in distinct ballots the person voted for as 
Vice-President, and they shall make distinct lists of all persons voted for 
ns President, and of all persons voted for as Vice-President, and of the 
number of votes for each, which lists they shall sign and certify, and 
transmit sealed to the seat of the Government of the United States, di¬ 
rected to the President of the Senate. The President of the Senate shall, 
in presence of the Senate and House of Representatives, open all the cer¬ 
tificates and the votes shall then be counted. The person having the 
greatest number of votes for President, shall be the President, if such 
number be a majority of the whole number of electors appointed ; and 
if no person have such majority, then from the persons having the high¬ 
est numbers not exceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. And 
if the House of Representatives shall not choose a President whenever 
the right of choice shall devolve upon them, before the 4th day of March 
next following, then the Vice-President shall act as President, as in the 
case of the death or other constitutional disability of the President. The 
person having the greatest number of votes as Vice-President, shall be 
the Vice-President, if such number be a majority of the whole number 
of electors appointed, and if no person have a majority, then from the 
two highest numbers on the list, the Senate shall choose the Vice-Presi¬ 
dent; a quorum for the purpose shall consist of two-thirds of the whole 
number of senators, and a majority of the whole number shall be neces¬ 
sary to a choice. But no person constitutionally ineligible to the office 
of President shall be eligible to that of Vice-President of the United 
States. Amendment, art. 12. 

16. Citizenship .—All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside. No State shall make or enforce any 
law which shall abridge the privileges or immunities of citizens of the 
United States ; nor shall any State deprive any person of life, liberty or 
property, without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. Amendment, art. 14, sec. 1. 

17. Apportionment of Representatives .—Representatives shall be appor¬ 
tioned among the several States according to their respective numbers, 
counting the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the choice of 
electors for President and Vice-President of the United States, represen¬ 
tatives in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any.of the male inhabi¬ 
tants of such State, being twenty-one years of age, and citizens of the 
United States, are in any way abridged, except for participation in rebel¬ 
lion or other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in such State. 
Amendment, art. 14, sec. 2. 


14 


THE electors’ manual. 


18. Ineligible Persons. —No person shall be a senator or representative 
in Congress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any State, who, 
having previously taken an oath as a member of Congress, or as an officer 
of the United States, or.as a member of any State legislature, or as an ex¬ 
ecutive or judicial officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection orrebellion against the 
same, or given aid or comfort to the enemies thereof. But Congress may, 
by a vote of two-thirds of each House, remove such disability. Amend¬ 
ment, art. 14, sec. 3. 

19. Power of Congress to Enforce Article 14.—The Congress shall have 
power to enforce, by appropriate legislation, the provisions of this article. 
Amendment, art. 14, sec. 5. 

20. Right to Vote. —The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. Amendment, 
art. 15, sec. 1. 

21. Power of Congress to Enforce Article 15.—The Congress shall have 
power to enforce this article by appropriate legislation. Art. 15, sec. 2. 


PAET 11. 

KEVISED STATUTES OF THE UNITED STATES HAVING 
REFERENCE TO ELECTIONS. 


CHAPTER I. 

PRESIDENTIAL ELECTIONS. 

22. Time of Appointing Electors. — Sec. 131. Except in case of a presi¬ 

dential election prior to the ordinary period, as specified in sections one 
hundred and forty-seven to one hundred and forty-nine, inclusive, when 
the offices of President and Vice-President both become vacant, the 
electors of President and Vice-President shall be appointed, in each State, 
on the Tuesday next after the first Monday in November, in every fourth 
year succeeding every election of a President and Vice-President. 1 
Mar., 1792, c. 8, s. 1, v. 1, p. 239. 23 Jan., 1845, c. 1, v. 5, p. 721. 

23. Number of Electors. — Sec. 132. The number of electors shall be 
equal to the number of senators and representatives to which the several 
States are by law entitled at the time when the President and Vice- 
President to be chosen come into Office ; except, that where no apportion¬ 
ment of representatives has been made after any enumeration, at the time 
of choosing electors, the number of electors shall be according to the then 
existing apportionment of senators and representatives. 1 Mar., 1792, 
c. 8, s. 1, V. 1, p. 239. 




THE electors’ MANUAL. 


15 


24. Vacancies in Electoral College. — Sec. 133. Each State may, by law, 
provide for the filling of any vacancies which may occur in its college of 
electors when such college meets to give its electoral vote. 23 Jan., 1845, 
c. 1, V. 5, p. 721. 

25. Failure to make a Choice on the Appointed Day. — Sec. 134. When¬ 
ever any State has held an election for the purpose of choosing electors, 
and has failed to make a choice on the day prescribed by law, the electors 
may be appointed on a subsequent day'in such manner as the legislature 
of such State may direct. 23 Jan., 1845, c. 1, v. 5, p. 721. 

26. Meeting of Electoral College. —Se:c. 135. The electors for each State 
shall meet and give their votes upon the first Wedne.sday in December 
in the year in which they are appointed, at such place, in each State, as 
the legislature of such State shall direct. 1 Mar., 1702, c. 8, s. 2, v. 1, 
p. 239. 

27. List of Names of Electors to he Furnished to Them. — Sec. 136. It 
shall be the duty of the executive of each State to cause three lists of the 
names of the electors of such State to be made and certified, and to be 
delivered to the electors on or before the day on which they are required, 
by the preceding section, to meet. 1 Mar., 1792, c. 8, s. 3, v. 1, p. 240. 

28. Manner of Voting. — Sec. 137. The electors shall vote for President 
and Vice-President, respectively, in the manner directed by the Consti¬ 
tution. 26 ]Mar., 1804, c. 50, s. 1, v. 2, p. 295. 

29. Certificates to be Made and Signed. — Sec. 138. The electors shall 

make and sign three certificates of all the votes given by them, each of 
which certificates shall contain two distinct lists, one of the votes for 
President, and the other of the votes for Vice-President, and shall annex 
to each of the certificates one of the lists of the electors which shall have 
been furnished to them by direction of the executive of the State. 1 
Mar., 1792, c. 8, ss. 2, 3, v. 1, p. 239. 26 Mar., 1804, c. 50, s. 1, v. 2, p. 

295. 

30. Certificates to he Sealed and Indorsed. — Sec. 139. The electors shall 

seal up the certificates so made by them, and certify upon each that the 
lists of all the votes of such State given for President, and of all the 
votes given for Vice-President, are contained therein. 1 Mar., 1792, c. 
8, s. 2, v. 1, p. 239. 26 Mar., 1804, c. 50, s. 1, vol. 2, p. 295. 

31. Transmission of the Certificates. — Sec. 140. The electors shall dis¬ 
pose of the certificates thus made by them in the following manner : 

One. They shall, by writing under their hands, or under the hands of 
a majority of them, appoint a person to take charge of and deliver to the 
President of the Senate, at the seat of government, before the first 
Wednesday in January then next ensuing, one of the certificates. 

Two. They shall forthwith forward by the post-office to the President 
of the Senate, at the seat of government, one other of the certificates. 

Three. They shall forthwith cause the other of the certificates to be 
delivered to the judge of that district in which the electors shall assem¬ 
ble. 1 Mar., 1792, c. 8, s. 2, v. 1, p. 239. 26 Mar., 1804, c. 50, s. 1, v. 2, 

p. 259. 

32. When Secretary of State shall send for District Judge's List. — Sec. 
141. Whenever a certificate of votes from any State has not been re¬ 
ceived at the seat of government on the first Wednesday of January 


16 


THE ELECTOES’ MANUAL. 


indicated by the preceding section, the Secretary of State shall send a 
special messenger to the district judge in whose custody one certificate 
of the votes from that State has been lodged, and such judge shall forth¬ 
with transmit that list to the seat of government. 1 Mar., 1792, c. 8, s. 
4, V. 1, p. 240. 

33. Counting the Electoral Votes in Congress. — Sec. 142. Congress shall 
he in session on the second Wednesday in February succeeding every 
meeting of the electors, and the certificates, or so many of them as have 
been received, shall then be opened, the votes counted, and the persons 
to fill the oflBces of President and Vice-President ascertained and de¬ 
clared, agreeable to the Constitution. 1 Mar., 1792, c. 8, s. 5, v. 1, p. 
240. 

34. Provision for Absence of President of the Senate. — Sec. 143. In case 
there shall be no President of the Senate at the seat of government on 
the arrival of the persons intrusted with the certificates of the votes of 
the electors, then such persons shall deliver such certificates into the 
office of the Secretary of State, to he safely kept, and delivered over as 
soon as may be to the President of the Senate. 1 Mar., 1792, c. 8, s. 6, 
v. 1, p. 240. 

35. Mileage of Messengers. — Sec. 144. Each of the persons appointed 
by the electors to deliver the certificates of votes to the President of the 
Senate shall be allowed, on the delivery of the list intrusted to him, 
twenty-five cents for every mile of the estimated distance, by the most 
usual road, from the place of meeting of the electors to the seat of Gov¬ 
ernment of the United States. 1 Mar., 1792, c. 8, s. 7, v. 1, p. 240. 

36. Forfeiture for Messenger's Neglect of Duty. — Sec. 145. Every person 
who, having been appointed, pursuant to subdivision one of section one 
hundred and forty or to section one hundred and forty-one, to deliver 
the certificates of the votes of the electors to the President of the Senate, 
and having accepted such appointment, shall neglect to perform the ser¬ 
vices required from him, shall forfeit the sum of one thousand dollars. 1 
Mar., 1792, c. 8, s. 8, v. 1, p. 240. 

37. Vacancy in both Offices. — Sec. 146. In case of removal, death, res¬ 
ignation, or inability of both the President and Vice-President of the 
United States, the President of the Senate, or, if there is none, then the 
Speaker of the House of Kepresentatives, for the time being, shall act as 
President until the disability is removed or a President elected. 1 Mar 
1792, c. 8, s. 9, V. 1, p. 240. 

38. Notification of Vacancies to be Published. — Sec. 147. Whenever the 
offices of jPresident and Vice-President both become vacant, the Secre¬ 
tary of State shall forthwith cause a notification thereof to be made to 
the executive of every State, and shall also cause the same to be published 
in at least one of the newspapers printed in each State. 1 Mar., 1792 c 
8, s. 10, V. 1, p. 240. 

39. Requisites of the Notification. — Sec. 148. The notification shall spe¬ 
cify that electors of a President and Vice-President of the United States 
shall be appointed or chosen in the several States, as follows: 

First. If there shall be the space of two months yet to ensue between 
the date of such notification and the first Wednesday in December then 
next ensuing, such notification shall specify that the "electors shall be ap- 


THE ELECTORS* MANUAL. 


17 


N 

pointed or chosen within thirty-four days preceding such first Wednesday 
in December. 

Second. If there shall not be the space of two months between the 
date of such notification and such first Wednesday in December, and 
if the term for which the President and Vice-President last in office were 
elected will not expire on the third day of March next ensuing, the noti¬ 
fication shall specify that the electors shall be appointed or chosen within 
thirtj’-four days preceding the first Wednesday in December in the year 
next ensuing. But if there shall not be the space of two months between 
the date of such notification and the first Wednesday in December then 
next ensuing, and if the term for which the President and Vice-President 
last in office were elected will expire on the third day of March next 
ensuing, the notification shall not specify that electors are to be appointed 
or chosen. 1 Mar., 1792, c. 8, s. 10, v. 1, p. 240. 

40. Time of holding Election to fill Vacancy. — Sec. 149. Electors ap¬ 
pointed or chosen upon the notification prescribed by the preceding sec¬ 
tion shall meet and give their votes upon the first Wednesday of Decem¬ 
ber specified in the notification. 1 Mar., 1792, c. 8, s. 10, v. 1, p. 240 

41. Regulations for Quadrennial Election made applicable to Election to 
fill Vacancies. — Sec. 160. The provisions of this title, relating to the quad¬ 
rennial election of President and Vice-President, shall apply with respect 
to any election to fill vacancies in the offices of President and Vice- 
President, held upon a notification given when both offices become vacant. 
1 Mar , 1792, c. 8, s. 10, v. 1, p. 240. 

42. Resignation or Refusal of Office. — Sec. 151. The only evidence 
of a refusal to accept, or of a resignation, of the office of President or 
Vice-President, shall be an instrument in writing, declaring the same, 
and subscribed by the person refusing to accept or resigning, as the case 
may be, and delivered into the office of the Secretary of State. 1 Mar., 
1792, c. 8, s. 11, V. 1, p. 241. 


CHAPTER II. 

ELECTION OF SENATORS. 

43. When Senators to be Elected.— 14. The legislature of each State 
which is chosen next preceding the expiration of the time for which any 
senator was elected to represent such State in Congress shall, on the second 
Tuesday after the meeting and organization thereof, proceed to elect a 
senator in Congress. 25 July, 1866, c. 245, s. 1, v. 14, p. 243. 

44. Mode of Election. — Sec. 15. Such election shall be conducted in 
the following manner; Each house shall openly, by a viva-voce vote of 
each member present, name one person for senator in Congress from such 
State, and the name of the person so voted for, who receives a majority of 
the whole number of votes cast in each house, shall be entered on the 



18 


THE electors’ manual. 


journal of that house h}^ the clerk or secretary thereof; or if either house 
fails to give such majority to any person on tinxt day, the fact shall be 
entered on the journal. At twelve o’clock meridian of the day following 
that on which proceedings are required to take place as aforesaid, the 
members of the two houses shall convene in joint assembly, and the 
journal of each house shall then be read, and if the same person has re¬ 
ceived a majority of all the votes in each house, he shall be declared duly 
elected senator. But if the same person has not received a majority of 
the votes in each house, or if either house has failed to take proceedings 
as required b}'^ this section, the joint assembly shall then proceed to choose, 
by a viva-voce vote of each member present, a person for senator, and the 
person who receives a majority of all the votes of the joint assembly, a 
majority of all the members elected to both houses being present and 
voting, shall be declared dul}’ elected. If no person receives such ma¬ 
jority on the first day, the joint assembly shall meet at twelve o'clock 
meridian of each succeeding day during the session of the legislature, and 
shall take at least one vote, until a senator is elected. 25 July, 1860, c. 
245, s. 1, V. 14, p. 243. 

45. Vacancy Occurring hefo7'e Meeting of Legislature. — Sec. 16. When¬ 
ever on the meeting of the legislature ot any State a vacancy exists in the 
representation of such State in the Senate, the legislature shall proceed, on 
the second Tuesday after meeting and organization, to elect a person to 
fill such vacancy, in the manner prescribed in the preceding section for 
the election of a senator for a full term. 25 July, 1866, c. 245, s. 2, v. 14, 
p. 243. 

46. Vacancy during Sessio7i of Legislature. —Sec. 17. Whenever during 
the session of the legislature of any State a vacancy occurs in the repre¬ 
sentation of such State in the Senate, similar proceedings to fill such va¬ 
cancy shall be had on the second Tuesday after the legislature is organ¬ 
ized and has notice of such vacancy. 25 July, 1866, c. 245, s. 2, v. 14, 
p. 243. 

47. Electio7i of Senators Cet'tified —Sec. 18. It shall be the duty of the 
executive of the State from which any Senator has been chosen, to certify 
his election, under the seal of the State, to the president of the Senate of 
the United Slates. 25 July, 1866, c. 245, s. 3, v. 14, p. 244. 

48. Countersign of Certificate. — Sec. 19. The certificate mentioned in 
the preceding section shall be countersigned by the secretary of state of 
the State. 25 July, 1866, c. 245, s. 3, v. 14, p. 244. 


CHAPTEE III. 

APPORTIONMENT AND ELECTION OF REPRESENTATIVES. 

49. Nu7nber arid Appo7'tio7i7nent of Representatives. —Sec. 20. After the 
third day of March, eighteen hundred and seventy-three, the House of 



THE electors’ MANUAL. 


19 


Representatives shall be composed of two hundred and ninety-two mem¬ 
bers, to be apportioned among the several States as follows : 


Maine, 




5 

1 Kentucky, . 





10 

New Hampshire, 




3 

Tennessee, . 





10 

Vermont, . 




3 

Indiana, 





13 

Massachusetts, . 




11 

Illinois, 





19 

Rhode Island, . 




2 

Missouri, . 





13 

Connecticut, 




4 

Arkansas, . 





4 

New York, 




33 

Michigan, . 





9 

New Jersey, 




7 

Florida, 





2 

Pennsylvania, . 




27 

Texas, 





6 

Delaware, . 




1 

Iowa, . 





9 

Maryland, . 




6 

Wisconsin,, 





8 

Virginia, . 




9 

California, . 





4 

North Carolina, 




8 

Minnesota, 





3 

South Carolina, 




5 

Oregon, 





1 

Georgia, 




9 

Kansas, 





3 

Alabama, . 




8 

West Virginia, , 





3 

Mississippi, 




6 

Nevada, 





1 

Louisiana, . 




6 

Nebraska, . 





1 

Ohio, . 




20 








2 Feb., 1872, c. 11, s. 1, v. 17, p. 28. 


50. Represeniatives Assigned to New States. — Sec. 21. Whenever a new 
State is admitted to the Union, the representatives assigned to it shall be 
in addition to the number two hundred and ninety-two. 23 May, 1850, 
c. 11, s. 25, V. 9, p. 432. Conway v. United States, 1 Penn. &H., 68. 

51. Reduction of Representation under Amendment 14. —Sec. 22. Should 
any State deny or abridge the right of any of the male inhabitants thereof, 
being twenty-one years of age, and citizens of the United States, to vote 
at any election named in the amendment to the Constitution, article four¬ 
teen, section two, except for participation in the rebellionor other crime, 
the number of representatives apportioned to such State shall be reduced 
in the proportion which the number of such male citizens shall have to 
the whole number of male citizens twent 3 ^-one years of age in such State. 
2 Feb., 1872, c. 11, s. 6, v. 17, p. 29. 

52. Elections by Districts. — Sec. 23. In each State entitled under this 
apportionment to more than one representative, the number to which such 
State may be entitled in the forty-third and each subsequent Congress 
shall be elected by districts composed of contiguous territor}’-, and con¬ 
taining as nearly as practicable an equal number of inhabitants, and 
equal in number to the number of representatives to which such State 
may be entitled in Congress, no one district electing more than one rep¬ 
resentative ; but in the election of representatives to the forty-third Con¬ 
gress in any State to which an increased number of representatives is 
given by this apportionment, the additional representative or represen¬ 
tatives may be elected by the State at large, and the other representatives 
by the districts as now prescribed by law, unless the legislature of the 
State shall otherwise provide before the time fixed b^' law for the election 
of representatives therein. 2 Feb., 1872, c. 11, s. 2, v. 17, p. 28. 30 May, 
1872, c. 239, V. 17, p. 192. 

53. Representative from California in Forty fourth Congress. — Sec. 24. 
On the first Wednesday in September, in the year eighteen hunCred and 
seventy-four, there shall be elected in each congressional district in the 

















20 


THE ELECTORS MANUAL. 


State of California one representative to represent said State in the forty- 
fourth Congress. 3 March, 1873, c. 239, v. 17, p. 578. 

54. Time of Election. — Sec. 25. The Tuesday next after the first Mon¬ 
day in November, in the year eighteen hundred and seventy-six, is 
established as the day, in each of the States and territories of the United 
States, for the election of representatives and delegates to the forty-fifth 
Congress ; and the Tuesday next after the first Monday in November, in 
every second year thereafter, is established as the day for the election, 
in each of said States and territories, of representatives and delegates to 
the Congress commencing on the fourth day of March next thereafter. 
[See 1863, 1905, 1906.] 2d Feb., 1872, c. 11, s. 3, v. 17, p. 28. March 
3, 1875, a law passed modifying this section “So as not to apply to any 
State that has not yet'changed its day of election, and whose constitu¬ 
tion must be amended in order to effect a change in the day of election 
of State officers in said State.” All the representatives in Congress are 
now elected on the first Tuesday after the first Monday in November, 
except in the States of Indiana, Maine, and Ohio, and for alternate Con¬ 
gresses in Iowa. 

55. Vacancies. —Sec. 26. The time for holding elections in any State, 
district, or territory for a representative or delegate to fill a vacancy, 
whether such vacancy is caused by a failure to elect at the time prescribed 
by law, or by the death, resignation, or incapacity of a person elected, 
may be prescribed by the laws of the several States and territories re¬ 
spectively. 2 Feb., 1872, c. 11, s. 4, v. 17, p. 29. 

56. Votes hy Ballot. — Sec. 27. All votes for representatives in Congress 

must be by written or printed ballot; and all votes received or recorded 
contrary to this section shall be of no effect. But this section shall not 
apply to any State voting otherwise whose election for representatives 
occurs previous to the regular meeting of its legislature next after the 
twenty-eighth day of February, eighteen hundred and seventy-one. [See 
II 5511-5515, 5520.] 28th Feb., 1871, c. 99, s. 19, v. 16, p. 440. 30 

May, 1872, c. 239, v. 17, p. 192. 


CHAPTER lY. 

CITIZENSHIP. 

57. Who are Citizens'? — Sec. 1992. All persons born in the United 
States and not subject to any foreign power, excluding Indians not 
taxed, are declared to be citizens of the United States. 9 April, 1866, c. 
31, s. 1, V. 14, p. 27. 

58. Citizenship of Children of Citizens Born Abroad. — Sec. 1993. All 

children heretofore born or hereafter born out of the limits and jurisdic¬ 
tion of the United States, whose fathers were or may be at the time of 
their birth citizens thereof, are declared to be citizens of the United 
States; but the rights of citizenship shall not descend to children whose 
fathers never resided in the United States. 10 Feb, 1855, c. 71, s. 1 v 
10, p. 604. 14 April, 1802, c. 28, s. 4, v. 2, p. 155. 



THE electors’ MANUAL. 


21 


69. Citizenship of Married Women. — Sec. 1994. Any woman who is 
now or may hereafter be married to a citizen of the United States, and 
who might herself be lawfully naturalized, shall be deemed a citizen. 
10 Feb., 1855, c. 71, s. 2, v. 10, p. 604. Kelly v. Owen, 7 Wallace, 496. 

60. Of Persons Born in Oregon. — Sec. 1995. All persons born in the 
district of country formerly known as the Territory o^ Oregon, and sub¬ 
ject to the jurisdiction of the United States on the 18th May, 1872, are 
citizens in the same manner as if born elsewhere in’the United States. 
18 May, 1872, c. 172, s. 3, v. 17, p. 134. 

61. Rights as Citizens Forfeited for Desertion, etc. — Sec. 1996. All per¬ 
sons who deserted the military or naval service of the United States 
and did not return thereto or report themselves to a provost-marshal 
within sixty days after the issuance of the proclamation by the President, 
dated the 11th day of March, 1865, are deemed to have voluntarily re¬ 
linquished and forfeited their rights of citizenship, as well as their right 
to become citizens; and such deserters shall be forever incapable of hold¬ 
ing any office of trust or profit under the United States, or of exercising 
any rights of citizens thereof. 3 March, 1865, c. 79, s. 21, v. 13, p. 490. 

62. Certain Soldiers and Sailors not to Incur the Forfeitures of the last 
section. — Sec. 1997. No soldier or sailor, however, who faithfully served 
according to his enlistment until the 19th day of April, 1865, and who, 
without proper authority or leave first obtained, quit his command or 
refused to serve after that date, shall be held to be a deserter from the 
army or navy; but this section shall be construed solely as a removal of 
any disability such soldier or sailor maj’^ have incurred, under the pre¬ 
ceding section, by the loss of citizenship and of the right to hold office, 
in consequence of his desertion. 19 July, 1867, c. 28, v. 15, p. 14. 

63. Avoiding the Draft. — Sec. 1998. Every person who hereafter de¬ 
serts the militar}’^ or naval service of the United States, or who, being 
duly enrolled, departs the jurisdiction of the district in which he is en¬ 
rolled, or goes beyond the limits of the United States, with intent to 
avoid any draft into the military or naval service, lawfully ordered, shall 
be liable to all the penaltie.s and forfeitures of section nineteen hundred 
and ninety-six. 3 March, 1865, c. 79, s. 21, v. 13, p. 490. 

64. Right of Expatriation Declared. — Sec. 1999. Whereas the right of ex¬ 
patriation is a natural and inherent right of all people, indispensable to the 
enjoyment of the rights of life, liberty, and the pursuit of happiness ; and 
whereas in the recognition of this principle this government has freely 
received emigrants from all nations, and invested them with the rights 
of citizenship; and whereas it is claimed that such American citizens, 
with their descendants, are subjects of foreign States, owing allegiance 
to the governments thereof; and whereas it is necessary to the mainte¬ 
nance of public peace that this claim of foreign allegiance should be 
promptly and finally disavowed : Therefore any declaration, instruction, 
opinion, order, or decision of any officer of the United States which de¬ 
nies, restricts, impairs, or questions the right of expatriation, is declared 
inconsistent with the fundamental principles of the Kepublic. 27 July, 
1868, c. 249, s. 1, v. 15, p. 223. 

65. Protection to Naturalized Citizens in Foreign States. — Sec. 2000. All 
naturalized citizens of the United States, while in foreign countries, are 


22 


THE electors’ manual 


entitled to and shall receive from this government the same protection 
of persons and property which is accorded to native-born citizens. 27 
July, 1868, c. 249, s. 2, v. 15, p. 224. 

66. Release of Citizens Im'prisoned by Foreign Governments to be De¬ 
manded .— Sec. *2001. Whenever it is made known to the President that 
any citizen of the United States has been unjustly deprived of his liberty 
by or under the authority of any foreign government, it shall be the 
duty of the President forthwith to demand of that government the rea¬ 
sons of such imprisonment; and if it appears to be wrongful and in vio¬ 
lation of the rights of American citizenship, the President shall forthwith 
demand the release of such citizen, and if the release so demanded is un¬ 
reasonably delayed or refused, the President shall use such means, not 
amounting to acts of war, as he may think necessary and proper to ob¬ 
tain or effectuate the release; and all the facts and proceedings relative 
thereto shall as soon as practicable be communicated by the President tor 
Congress. 27 July, 1868, c. 249, s. 8, v. 15, p. 224. 


CHAPTEK Y. 

THE ELECTIVE FRANCHISE. 

67. Bringing Armed Troops to Places of Election .— Sec. 2002. No mili¬ 

tary or naval officer, or other person engaged in the civil, military, or 
naval service of the United States, shall order, bring, keep, or have 
under his authority or control, any troops or armed men at the place 
where any general or special election is held in any State, unless it he 
necessary to repel the armed enemies of the United States, or to keep the 
peace at the polls. [See 5528, 5529, 5532.] 25 Feb., 1865, c. 52, s. 1, 

v. 13, p. 437. 

68. Interference with Freedom of Elections by Officers of Army or Navy .— 

Sec. 2003. No officer of the army or navy of the United States shall pre¬ 
scribe or fix, or attempt to pre.scribe or fix, by proclamation, order, or 
otherwise, the qualifications of voters in any State, or in any manner in¬ 
terfere with the freedom of any election in any State, or with the exercise 
of the free right of suffrage in any State. [See bd 5530-5532.] 25 Feb., 

1865, c. 52, s. 1, V. 13, p.^437. 

69. Race, Color, or Previous Condition not to Afffect the Right to Vote .— 
Sec. 2004. All citizens of the United States who are otherwise qualified 
by law to vote at any election by the people in any State, territory, dis¬ 
trict, county, city, parish, township, school district, municipality, or 
other territorial subdivision, shall be entitled and allowed to vote at all 
such elections, without distinction of race, color, or previous condition of 
servitude ; any constitution, law, custom, usage, or regulation of any 
State or territory, or by or under its authority, to the contrary notwith¬ 
standing. 31 May, 1870, c. 114, s. 1, v. 16, p. 140. 2 Abb. tl. S., 120. 
McKay v. Campbell, 1 Saw., 374. 

70. Nor the Performance of any Prerequisite. —Sec. 2005. When, under 
the authority of the constitution or laws of any State, or the laws of any 



THE electors’ MANUAL. 


23 


territory, any act is required to be done as a prerequisite or qualification 
for voting, and by such constitution or laws persons or officers are charged 
with the duty of furnishing to citizens an opportunity to perform such 
prerequisite, or to become qualified to vote, every such person and officer 
shall give to all citizens of the United States the same and equal op¬ 
portunity to perform such prerequisite, and to become qualified to vote. 
31 May, 1870, c. 114, s. 2, v. 16, p. 140. McKay v. Campbell, 1 Saw., 374. 

71. Penalty for Refusing to give Full Effect to Preceding Section. — Sec. 
2006. Every person or ofilcer charged with the duty specified in the pre¬ 
ceding section, who refuses or knowingly omits to give full effect to that 
section,shall forfeit the sum of five hundred dollars to the party aggrieved 
by such refusal or omission, to be recovered by an action on the case, 
with costs, and such allowance for counsel fees as the court may deem 
just 31 May, 1870, c. 114, s. 2, v. 16, p. 140 

72. What shall Entitle a Person to Vote. — Sec. 2007. Whenever under 
the authority of the constitution or laws of any State, or the laws of any 
territory, any act is required to be done by a citizen as a prerequisite to 
qualify or entitle him to vote, the offer of such citizen to perform the act 
required to be done shall, if it fail to be carried into execution by reason 
of the wrongful act or omission of the person or officer charged with the 
duty of receiving or permitting such performance or offer to perform, or 
acting thereon, be deemed and held as a performance in lavv of such act; 
and the person so offering and failing to vote, and being otherwise quali¬ 
fied, shall be entitled to vote in the same manner and to the same extent 
as if he had in fact performed such act. 31 May, 1870, c. 114, s. 3, v. 16, 

р. 140. 

73. Penalty for Wrongfully Refusing to Receive a Vote. — Sec. 2008. 
Every judge, inspector, or other officer of election whose duty it is to re¬ 
ceive, count, certify, register, report, or give effect to the vote of such 
citizen, who wrongfully refuses or omits to receive, count, certify, register, 
report, or give effect to the vote of such citizen upon the presentation by 
him of his affidavit, stating that such offer and the time and place thereof, 
and the name of the officer or person whose duty it was to act thereon, 
and that he was wrongfully prevented by such person or officer from 
performing such act, shall forfeit the sum of five hundred dollars to the 
party aggrieved by such refusal or omission, to be recovered by an action 
on the case, with costs, and such allowance for counsel fees as the court 
may deem just. 31 May, 1870, c. 114, s. 3, v. 16, p. 140. 

74. For Unlawfully Hindering a Person from Voting. —Sec. 2009. Every 
officer or other person, having powers or duties of an official character to 
discharge under any of the provisions of this title, who by threats, or any 
unlawful means, hinders, delays, prevents, or obstructs, or combines and 
confederates with others to hinder, dela}"-, prevent, or obstruct any citizen 
from doing any act required to be done to qualify him to vote, or from 
voting at any election in any State, territory, district, county, city, parish, 
township, school district, municipality, or other territorial subdivision, 
shall forfeit the sum of five hundred dollars to the person aggrieved 
thereby, to be recovered by an action on the case, with costs, and such 
allowance for counsel fees as the court may deem just. 31 May, 1870, 

с. 114, s. 4, V. 16, p. 141. 10 June, 1872, c. 415, s. 1, v. 17, p. 349. 




24 


THE electors’ MANUAL. 

75. Remedy for Deprivation of Office. — Sec. 2010. "Whonever nny per¬ 

son is defeated or deprived of his el<*ction to any office, except elector of 
President or Vice-President, representative or delegate in Congress, or 
member of a State legislature, by reason of the denial to any citizen who 
may offer to vote, of the right to vote, on account of race, color or pre¬ 
vious condition of servitude, his right to hold and enjo}' such office, and the 
emoluments thereof, shall not be impaired by such denial ; and the per¬ 
son so defeated or deprived may bring any appropriate suit or proceeding 
to recover possession of such office, and in cases where it appears that the 
sole question touching the title to such office arises out of the denial of 
the right to vote to citizens who so offered to vote, on account of race, 
color, or previous condition of servitude, such suit or proceeding may be 
instituted in the circuit or district court of the United States of the circuit 
or district in which such person resides. And the circuit or district court 
shall have, concurrently with the State courts, jurisdiction thereof, so far 
as to determine the rights of the parties to such office by reason of the 
denial of the right guaranteed by the fifteenth article of amendment to 
the Constitution of the United States, and secured herein. [See 563, 
629.] 31 May, 1870, c. 114, s. 23, v. 16, p. 146. Ex parte Warmouth, 

17, Wall., 64. 

76. In Cities or Tovms of over 20,000 Inhabitants, etc.., upon written ap¬ 

plication of two Citizens, the Circuit Judge to open Court. —Sec 2011. When¬ 
ever, in any city or town having upward of twenty thousand inhabitants, 
there are two citizens thereof, or whenever, in any county or parish, in 
any congressional district, there are ten citizens thereof, of good standing, 
who, prior to any registration of voters for an election for representa¬ 
tive or delegate in the Congress of the United States, or prior to any 
election at which a representative or delegate in Congress is to be voted 
for, may make known, in writing, to the judge of the circuit court of the 
United States for the circuit wherein such city or town, county or parish, 
is situated, their desire to have such registration, or such election, or 
both, guarded and scrutinized, the judge, within not less than ten days 
prior to the registration, if one there be, or, if no registration be re¬ 
quired, within not less than ten days prior to the election, shall open the 
circuit court at the most convenient point in the circuit. 28 Feb., 1871, 
c. 99, s. 2, V. 16, p. 433. 10 June, 1872, c. 415, s. 1, v. 17, p. 348. 

77. Supervisors of Election. —Sec. 2012. The court, when so opened by 

the judge, shall proceed to appoint and commission, from day to day and , 
from time to time, and under the hand of the judge, and under the seal | 
of the court, for each election district or voting precinct in such city or f 
town, or for such election district or voting precinct in the congressional ^ 
district, as may have applied in the manner hereinbefore prescribed, and* 
to revoke, change, or renew such appointment from time to time, two4 
citizens, residents of the city or town, or of the election district or vot-.*' 
ing precinct in the county or parish, who shall be of different political 
parties, and able to read and write the English language, and who shall j 
be known and designated as supervisors of election. [See 5521-5522.] | 
Ibid. , i 

78. Court to be kept Open. — Sec. 2013. The circuit court, when opened ] 
by the judge as required in the two preceding sections, shall therefrom' I 



THE electors’ MANUAL. 


25 


and thereafter, and up to and including the day following the day of 
election, be always open for the transaction of business under this title, 
and the powers and jurisdiction hereby granted and conferred shall be 
exercised as well in vacation as in term time; and a judge sitting at 
chambers shall have the same powers and jurisdiction, including the 
power of keeping order and of punishing any contempt of his authority, 
as when sitting in court. Ibid. 

79. District Judge may Perform Duties of Circuit Judge. — Sec. 2014. 
"Whenever, from any cause, the judge of the circuit court in any judi¬ 
cial circuit is unable to perform and discharge the duties herein imposed, 
he is required to select and assign to the performance thereof, in his 
place, such one of the judges of the district courts within his circuit as 
he may deem best; and upon such selection and assignment being made, 
the district judge so designated shall perform and discharge, in the place 
of the circuit judge, all the duties, powers, and obligations imposed and 
conferred upon the circuit judge by the provisions hereof. 28 Feb., 1871, 
c. 99, s. 3, v. 16, p. 434. 

80. Construction of Preceding Section. —Sec. 2015. The preceding sec¬ 
tion shall be construed to authorize each of the judges of the circuit 
courts of the United States to designate one or more of the judges of the 
district courts within his circuit to discharge the duties arising under 
this title. 10 June, 1872, c. 415, s. 1, v. 17, p. 349. 

81. Duties of Supervisors of Elections. — Sec. 2016. The supervisors of 
election, so appointed, are authorized and required to attend at all times 
and places fixed for the registration of voters, who, being registered, 
would be entitled to vote for a representative or delegate in Congress, 
and to challenge any person offering to register; to attend at all times 
and places when the names of registered voters may be marked for chal¬ 
lenge, and to cause such names registered as they may deem proper to 
be so marked ; to make, when required, the lists, or either of them, pro¬ 
vided for in section two thousand and twenty-six, and verify the same; 
and upon any occasion, and at any time when in attendance upon the 
duty herein prescribed, to personally inspect and scrutinize such registry, 
and for purposes of identihcation to affix their signature to each page of 
the original list, and of each copy of any such list of registered voters, 
at such times, upon each day when any name may be received, entered, 
or registered, and in such manner as will, in their judgment, detect and 
expose the improper or wrongful removal therefrom, or addition thereto, 
of any name. 28 Feb., 1871, c. 99, s. 4, v. 16, p. 434. 

82. Attendance at Elections. — Sec. 2017. The supervisors of election 
are authorized and required to attend at all times and places for holding 
elections of representatives or delegates in Congress, and for counting 
the votes cast at such elections; to challenge «any vote offered by any 
person whose legal qualifications the supervisors, or either of them, may 
doubt; to be and remain where the ballot-boxes are kept at all times 
after the polls are open until every vote cast at such time and place has 
been counted, the canvass of all votes polled wholly completed, and the 
proper and requisite certificates or returns made, whether the certificates 
or returns be required under any law of the United States, or any State, 

2 


26 


THE electors’ MANUAL. 


territorial, or municipal law, and to personally inspect and scrutinize, 
from time to time, and at all times, on the day of election, the manner 
in which the voting is done, and the way and method in which the poll- 
books, registry lists, and tallies or check books, whether the same are re¬ 
quired by any law of the United States, or any State, territorial, or mu¬ 
nicipal law, are kept. 28 Feb., 1871, c. 99, s. 5, v. 15, p. 434. 

83. To Personally Scrutinize and Count each Ballot. — Skc. 201'8. To 
the end that each candidate for the office of representative or delegate 
in Congress may obtain the benefit of every vote for him cast, the super¬ 
visors of election are, and each of them is, required to personally scruti¬ 
nize, count, and canvass each ballot in their election district or voting 
precinct cast, whatever may be the indorsement on the ballot, or in what¬ 
ever box it may have been placed or be found ; to make and forward to 
the officer who, in accordance with the provisions of section two thou¬ 
sand and twenty-five, has been designated as the chief supervisor of the 
judicial district in which the city or town wherein they may serve, acts, 
such certificates and returns of all such ballots as such officer may direct 
and require, and to attach to the registry list, and any and all copies 
thereof, and to any certificate, statement, or return, whether the same, 
or any part or portion thereof, be required by any law of the United 
States, or of any State, territorial, or municipal law, any statement touch¬ 
ing the truth or accuracy of the registry, or the truth or fairness of the 
election and canvass, which the supervisors of the election, or either of 
them, may desire to make or attach, or which should properly and hon- 
estlv be made or attached, in order that the facts may become known. 
28 Feb., 1871, c. 99, s. 5, v. 16, p. 434. 

84. Their Positioiis. — Sec. 2019. The better to enable the supervisors 

of election to discharge their duties, they are authorized and directed, 
in their respective election districts or voting precincts, on the day of 
registration, on the da}’’ when registered voters may be marked to be 
challenged, and on the day of election, to* take, occupy, and remain in 
such position, from time to time, whether before or behind the ballot- 
boxes, as will, in their judgment, best enable them to see each person 
offering himself for registration or offering to vote, and as will best con¬ 
duce to their scrutinizing the manner in which the registration or voting 
is being conducted ; and at the closing of the polls for the reception of 
votes, they are required to place themselves in such position, in relation 
to the ballot-boxes, for the purpose of engaging in the work of canvass¬ 
ing the ballots, as will enable them to fully perform the duties in respect 
to such canvass provided herein, and shall there remain until every duty 
in respect to such canvass, certificates, returns, and statements has been 
wholly completed. [See I 6521.] 28 Feb., 1871, c. 99, s. 6, v. 16, p. 435. 

85. When Molested. — Sec. 2020. When in any election district or vot¬ 
ing precinct in any city or town, for which there have been appointed 
supervisors of election for any election at which a representative or dele¬ 
gate in Congress is voted for, the supervisors of election are not allowed 
to exercise and discharge, fully and freely, and without bribery, solici¬ 
tation, interference, hinderance, molestation, violence, or threats thereof, 
on the part of any person, all the duties, obligations, and powers con¬ 
ferred upon them by law, the supervisors of election shall make prompt 


THE electors’ MANUAL. 


27 


report, under oath, within ten days after the day of election, to the officer 
who, in accordance with the provisions of section two thousand- and 
twenty-five, has been designati'd as the chief supervisor of the judicial 
district in which the city or town wlierein they served, acts, of the 
manner and means by which they were not so allowed to fully and freely 
exercise and discharge the duties and obligations required and imposed 
herein. And upon receiving any such report, tlie chief supervisor, act¬ 
ing both in such capacity and officially as a commissioner of the circuit 
court, shall forthwith examine into all the facts ; and he shall have power 
to subpoena and compel the attendance before him of any witness, and 
to administer oaths and take testimony in respect to the charges made ; 
and, prior to the assembling of the Congress for which any such repre¬ 
sentative or delegate was voted for, he shall file with the clerk of the 
House of lleprosentntives all the eviden<*e by him taken, all information 
by him obtained, and all reports to him made. [See B 5522.] 28 Feb., 
1871, c. 99, s. 7, v. Ifi, p. 435. 

86. Special Deputies .— Sec. 2021. Whenever an election at which rep¬ 
resentatives or delegates in Congress are to be chosen is held in any city 
or town of twenty thousand inliabitants or upward, the marshal for the 
district in which the city or town is situated shall, on the application, in 
writing, of at least two citizens residing in such city or town, appoint 
special deputy marshals, whose duty it shall be, when required thereto, 
to aid and assist the supervisors of election in the verification of any list 
of persons who may have registered or voted; to attend in each election 
district or voting precinct at the times and places fixed for the registra¬ 
tion of voters, and at all times and places when and where the registra¬ 
tion may by law be scrutinized, and the names of registered voters be 
marked for challenge; and also to attend, at all times for holding elec¬ 
tions, the polls in such district or precinct. 28 Feb., 1871, c. 99, s. 8, 
V. 16, p. 436. 

87. Duties of Marshals. —Sec. 2022. The marshal and his general depu¬ 

ties, and such special deputies, shall keep the peace, and support and 
protect the supervisors of election in th(! discharge of their duties, pre¬ 
serve order at such places of registration and at such polls, prevent fraud¬ 
ulent registration and fraudulent voting thereat, or fraudulent conduct 
on the part of any officer of election, and immediately, either at the 
place of registration or polling place, or elsewhere, and either before or 
after registering or voting, to arrest and take into custody, with or with¬ 
out process, any person who commits, or attempts or offers to commit, 
any of the acts or offences prohibited herein, or who commits any offence 
against the laws of the United States; but no person-shall be arrested 
without process for any ottence not committed in the presence of the 
marshal or his general or special deputies, or either of them, or of the 
supervisors of election, or either of them, and, for the purposes of arrest 
or the preservation of the peace, the supervisors of election shall, in the 
absence of the marshal’s deputies, or if required to assist such deputies, 
have the same duties and powers as deputy marshals; nor shall any 
person, on the day of such election, he arrested without process for any 
offence committed on the day of registration. [See 5-521, 5522 ] 28 

Feb., 1871, c. 99, s. 8, v. 16, p. 436. 


28 


THE ELECTOKS’ MANUAL. 


88. Persons arrested to he taken forthwith before a Judge^ etc. —Sec. 
2028. Whenever any arre.-it is made under any provision of this title, 
the person so arrested shall forthwith be brouf^ht before a commissioner, 
juds^e, or court of the United States for examination of the offences al- • 
leged against him ; and such commissioner, judge, or court shall proceed 
in respect thereto as authorized by law in case of crimes against the 
United States. 28 Feb , 1871, c. 99, s. 9, v. 16, p. 436. 

89. Assistance of Bystanders. —Sec. 2024. The marshal or his general 
deputies, or such special deputies as are thereto specially empowered by 
him, in writing, and under his liand and seal, whenever he or either or 
any of them is forcibly resisted in executing their duties under this title, 
or shall, by violence, threats, or menaces, be prevented from executing 
such duties, or from arresting any person who has committed any offence 
for which tlie marshal or his general or his special deputies are authorized 
to make such arrest, are, and each of them is, empowered to summon 
and call to his aid the bystanders or posse comitatus of his district. 28 
Feb., 1871, c. 99, s 12, v. 16, p. 437. 

90. Chief Supervisors of B2lections. —Sec. 2025. The circuit courts of 

the United States for each judicial circuit shall name and appoint, on or 
before the first day of May, in the year eighteen hundred and seventy- 
one, and thereafter as vacancies may from any cause arise, from among 
the circuit court commissioners for each judicial district in each judicial 
circuit, one of such officers, who shall be known for the duties required 
of him under this title as the chief supervisor of elections of the judicial 
district for which he is a commissioner, and shall, so long as faithful and 
capable, discharge the duties in this title imposed. [See ^ 627.] 28 Feb., 

1871, c. 99, s. 13, V. 16, p. 437. 

91. Their Duties. —Sec. 2026. The chief supervisor shall prepare and 

furnish all necessary books, forms, blanks, and instructions for the use 
and direction of the supervisors of c*l(!ction in the several cities and towns 
in their respective districts; he shall receive the applications of all parties 
for appointment to such positions; upon the opening, as contemplated in 
section two thousand and twelve, of the circuit court for the judicial 
circuit in which the commissioner so designated acts, he shall present 
such applications to the judge thereof, and furnish information to him 
in respect to the appointment by the court of such supervisors of elec¬ 
tion ; he shall require of the supervisors of election, when necessary, 
lists of the persons who may register and vote, or either, in their respec¬ 
tive election districts or voting precincts, and cause the names of those 
upon any such list whose right to register or vote is honestly doubted to 
be verified by proper inquiry and examination at the respective places 
by them assigned as their residences; and he shall receive, preserve, and 
file all oaths of office of supervisoi's of election, and of all special deputy 
marshals appointed under the provisions of this title, and all certificates, 
returns, reports, and records of every kind and nature contemplated or 
made requisite by the provisions hereof, save where otherwise herein 
specially directed. [See ^ 627.] 28 Feh., 1871, c. 99, s. 13, v. 16, p. 437. 

92. Marshals to forward Complaint to Chief Supervisors. —Sec. 2027. 
All United States marshals and commissioners who in any judicial dis¬ 
trict perform any duties under the preceding provisions relating to, con- 


THE electors’ MANUAL. 


29 


cerning, or affectins; the election of representatives or delegates in the 
Congress of the United States, from time to time, and, with all due dili¬ 
gence, shall forward to the chief supervisor in and for their judicial dis¬ 
trict, all complaints, examinations, and records pertaining thereto, and 
all oaths of otRce by them administered to any supervisor of election or 
special deputy marshal, in order that the same may be properly preserved 
and filed. Ibid. 

93. Supervisors and Deputy Marshals to be Qualijied Votet's, etc—S ec. 
2028. No person shall be appointed a supervisor of election or a deputy 
marshal, under the preceding provisions, who is not, at the time of his 
appointment, a qualified voter of the city, town, county, parish, election 
district, or voting precinct in which his duties are to be performed. 10 
June, 1872, c. 415, s. 1, v. 17, p. 349. 

94. Certain Supervisors not to make Arrests^ etc. —Sec. 2029. The super¬ 
visors of election appointed for any county or parish in any congressional 
district, at the instance of ten citizens, as provided in section two thou¬ 
sand and eleven, shall have no authority to make arrests, or to perform 
other duties than to be in the immediate presence of the officers holding 
the election, and to witness all their proceedings, including the counting 
of the votes and the making of a return thereof. 10 June, 1872, c. 415, 
s. 1, V. 17, p. 349. 

95. No more Marshals or Deputy Marshals to he appointed than now 
authorized. —Sec. 2030. Nothing in this title shall be construed to au¬ 
thorize the appointment of any marshals or deputy marshals in addition 
to those authorized by law, prior to the tenth day of June, eighteen hun¬ 
dred and seventy-two. 10 June, 1872, c. 415, s. 1, v. 17, p 349. 

90. Pay of Supervisors — Sec. 2031. There shall be allowed and paid 
to the chief supervisor, for his services as such officer, the following com¬ 
pensation, apart from and in excess of all fees allowed by law for the 
performance of any duty as circuit court commissioner: For filing and 
caring for every return, report, record, document, or other paper required 
to be filed by him under any of the preceding provisions, ten cents; for 
affixing a seal to any paper, record, report, or instrument, twenty cents; 
for entering and indexing the records of his office, fifteen cents per folio; 
and for arranging and transmitting to Congress, as provided for in sec¬ 
tion two thousand and twenty, any report, statement, record, return, or 
examination, for each folio, fifteen cents ; and for any copy thereof, or of 
any paper on file, a like sum. And there shall be allowed and paid to 
each supervisor of election, and each special deputy marshal who is ap¬ 
pointed and performs his duty under the preceding provisions, compen¬ 
sation at the rate of five dollars per day for each day he is actually on 
duty, not exceeding ten days; but no compensation shall be allowed, in 
any case, to supervisors of election, except to those appointed in cities or 
towns of twenty thousand or more inhabitants. And the fees of the 
chief supervisors shall be paid at the treasury of the United States, such 
accounts to be made out, verified, examined, and certified as in the case 
of accounts of commissioners, save that the examination or certificate 
required may be made by either the circuit or district judge. 28 Feb , 
1871, c. 99, s. 14, V. 16, p. 438. 10 June, 1872, c. 415, s. 1, v. 17, p. 349. 


so 


THE electors’ MANUAL. 


APPENDIX. 

METHOD OF COUNTING THE ELECTORAL VOTES FOR 
PRESIDENT AND VICE-PRESIDENT, FROM 
1789 TO 1873. 

First Term, 1789 to 1793. 

Whole number of States participating in the election, 10. Owing to 
the facts that only eleven States had ratified the Constitution, and that 
the legislature of New York had failed to pass a law providing for the 
appointment of electors, only ten States participated in this election. 

Electoral Vote. —George Washington, 69; John Adams, 34; John 
Jay, 9; R. H. Harrison, 6; John Rutledge, 6; John Hancock, 4; George 
Clinton, 3; Samuel Huntingdon, 2; John Nulton,2; James Armstrong, 
1 ; Edward Telfair, 1; Benjamin Lincoln, 1. At this time the electors 
voted for two persons. The candidate receiving the largest number 
of votes was to he President, and the one having the next highest number 
of votes was to be Vice-President*. It was requisite that the President 
should have received a majority of the whole number of votes. 

Action of tue Senate and House of Representatives. 

Extracts from Senate Journal.! First Congress., First Session, pp. 7 and 
8.—April 6, 1789.—The Senate proceeded by ballot to the choice of a 
president for the sole purpose of opening and counting the votes for 
President of the United States. 

John Langdon, Esq., was elected. 

Ordered, That Mr. Ellsworth inform the House of Representatives 
that a quorum of the Senate is formed ; that a president is elected for 
the sole purpose of opening the certificates and counting the votes of the 
electors of the several States in the choice of a President and Vice-Presi¬ 
dent of the United States; and that the Senate is now ready, in the 
Senate chamber, to proceed in the presence of the House to discharge 
that duty; and that the Senate have apjiointed one of their members to 
sit at the clerk’s table to make a list of the votes as they shall be de¬ 
clared, submitting it to the wisdom of the House to appoint one or more 
of their members for the like purpose—who reported that he had deliv¬ 
ered the message. 

Mr. Baudinot, from the House of Representatives, communicated the 
following verbal message to the Senate: 

Mr. President: 1 am directed by the House of Representatives to in¬ 
form the Senate that the House is ready forthwith to meet the Senate 
to attend the opening and counting of Uio votes of the electors of the 
President and Vice-President of the United States. 

Ordered, That Mr. Patterson be the teller on the part of the Senate. 


31 


THE electors’ MANUAL. 

After the business of the joint convention was completed, and the 
House of Kepresentatives hnd withdrawn, ^ 

Mr. Afadison came from the House of Kepresentatives with the follow¬ 
ing verbal message: 

Mr. President: I am directed by the House of Kepresentatives to in¬ 
form the Senate that the House have agreed that the notifications of the 
election of the President and of the Vice-President of the United States 
should be made by such persons, and in such manner, as the Senate shall 
be pleased to direct. 

Whereupon the Senate appointed Charles Thomson, Esq., to notify 
George Washington, Esq., of his election to the office of President of 
the United States of America, and Mr. Sylvanus Bourn to notify John 
Adams, Esq., of his election to the office of Vice-President of the said 
United States. 

Second Term, 1797 to 1801. 

Whole number of States participating in the election, 15. 

Electoral Vote. —Whole number of electors, 132. George Washington, 
132 ; John Adams, 77 ; George Clinton, 50 ; Thomas Jefiferson, 4 ; Aaron 
Burr, 1. 

Action of the Senate and House of Kepresentatives. 

Extract from Senate Journal., Second Congress, Second Session, pp. 480, 
484, 486, 487.—February 5,1793.—A mes.sage was received in the Senate, 
from the House of Kepresentatives, by Mr. Beckley, their clerk : 

Mr. President: The House of Kepresentatives have resolved that a 
committee be appointed, to join such committee as may be appointed by 
the Senate, to ascertain and report a mode of examining the votes for 
President and Vice-President, and of notifying the persons who shall be 
elected of their election ; and for regulating the time, place, and manner 
of administering the oath of office to the President, and have appointed 
a committee on their part. 

February 6, 1793.—The Senate proceeded to the consideration of the 
said resolution and concurred therein, and appointed Messrs. Izard, King, 
and Strong, the committee on the part of the Senate. 

February 11, 1793.—Mr. King, from the joint committee, reported : 

That the two houses shall assemble in the Senate chamber on Wednes¬ 
day next, at 12 o’clock; that one person shall be appointed a teller, on 
the part of the Senate, to make a list of the votes as they shall be de¬ 
clared ; that the result shall be delivered to the President of the Senate, 
who shall announce the state of the vote, and the persons elected, to the 
two houses assembled as aforesaid; which shall be deemed a declaration 
of the persons elected President and Vice President, and, together with 
a list of the votes, be entered on the journals of the two houses. 

And the report was agreed to. 

Februar}^ 12, 1793.—On motion. 

Ordered, That Mr. King be appointed on the part of the Senate a 
teller of the votes for President and Vice-President of the United States, 
conformable to the report of the joint committee agreed to on the 11th 
instant. 


32 


THE electors’ MANUAL. 


February 14, 1793.—Mr. King, from the joint committee appointed on 
the 6th instant to report a mode of notifying the person who should be 
elected President of the United States, submitted the following resolve : 

Resolved^ That a committee be appointed, to join such committee as 
shall be appointed by the House of Representatives, to wait on the 
President and notify him of his unanimous re-election to the office of 
President of the United States. 

And the report was adopted. 

Ordered, That Messrs. King, Izard, and Strong be the committee on 
the part of the Senate. 

Ordered, That the Secretary acquaint the House of Representatives 
therewith, and desire the appointment of a joint committee on their part. 

Third Term, 1797 to 1801. 

Whole number of States participating in the election, 16. 

Electoral Vote. —Whole number of electors, 138. John Adams, 71 ; 
Thomas Jefferson, 68; Aaron Burr, 30; Samuel Adams, 15; Oliver 
Ellsworth, 11; George Clinton, 7; John Jay, 5; James Iredell, 3; 
George Washington, 2; John Henry, 2; S. Johnson, 2; Charles C. 
Pinckney, 1. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal, Fourth Congress, Second Session, pp. 
315, 316, 317, 323.—January 30, 1797.—On motion. 

That a committee be appointed, to join such committee as may be 
appointed by the House of Representatives, to ascertain and report a 
mode for examining the votes for President and Vice-President, and of 
notifying the persons elected of their election, and for regulatin'; the 
time, place, and manner of administering the oath of office to the Presi¬ 
dent. 

It was agreed that the motion lie until to-morrow. 

January 31, 1797.—The Senate resumed the consideration of the motion 
made yesterday, respecting the mode of counting the votes for President 
and Vice-President of the United States. 

Whereupon, 

Resolved, That Messrs. Sedgwick, Laurance, and Read, be a jointcom- 
mittee on the part of the Senate, with such committee as may be ap¬ 
pointed by the House of Representatives, to ascertain and report a mode 
of examining the votes for President and Vice-President, and notifying 
the persons elected of their election, and for regulating the time, place, 
and manner of administering the oath of office to the President. 

Ordered, That the Secretary carry this resolution to the House of Rep¬ 
resentatives, and desire their concurrence. 

February I, 1797.—The House of Representatives concurs. 

February 2, 1797.—Mr. Sedgwick, from the joint committee, reported 
that, in their opinion, the following resolution ought to be adopted, viz.; 

That the two houses shall assemble in the chamber of the House of 
Representatives on Wednesday next, at 12 o’clock ; that one person be 
appointed a teller, on the part of the Senate, to make a list of the votes. 


THE electors’ MANUAL. 


33 


as they shall be declared. That the result shall he delivered to the 
President of the Senate, who shall announce the state of the vote, and 
the persons elected, to the two houses assembled as aforesaid, which 
shall be deemed a declaration of the persons elected l^resident and Vice- 
President, and, together with a list of votes, be entered on the journals 
of the two houses. 

On motion. 

It was agreed to adopt the report, and that Mr. Sedgwick be the 
teller of the votes on the part of the Senate. 

February 3, 1797.—The House of Kepresentatives concurs. 

February 10, 1797.—On motion. 

Ordered^ That the resolution this day agreed to by the House of Kep- 
resentalives relative to the ratification of the election of the Vice-Presi¬ 
dent-elect be referred to Messrs. Mason, Hillhouse, and Sedgwick, to 
consider and report thereon to the Senate. 

Mr. Mason reported from the committee as appointed, and the report 
being read, was amended and adopted, as follows: 

Resolved, That the President of the United States be requested to 
cause to be transmitted to Thomas Jefferson, Esq., of Virginia, Vice- 
President-elect of the United States, notification of his election to that 
office ; and that the President of the Senate do make out and sign a cer¬ 
tificate in the words following : 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened in the city of Philadelphia, 
on the second Wednesday of February, in the year of our Lord one 
thousand seven hundred and ninety-seven, the underwritten Vice-Presi¬ 
dent of the United States and President of the Senate did, in presence of 
the said Senate and House of Representatives, open all the certificates 
and count all the votes of the electors for a President and for a Vice- 
President; by which it appears that Thomas Jefferson, Esq., was duly 
elected, agreeable to the Constitution, Vice-President of the United 
States of America. 

In witness whereof, I have hereunto set my hand and seal this 10th day 
of February, 1797. 

Ordered, That the secretary lay this resolution before the President 
of the United States. ^ 

Fourth Term, 1801 to 1805. 

Whole number of States participating in the election, 16. 

Electoral Vote .—Whole number of electors, 188. Thomas Jefferson, 
73; Aaron Burr, 73; John Adams, 65; Charles C. Pinckney, 64; John 
Jay, 1. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal, Sixth Congress, Second Session, pp. 118, 
123, 124, 125, 126, 127.—January 23, 1801.—The following message was 
received from the House of Representatives by Mr. Oswald, their clerk : 

Mr. President: The House of Representatives have passed a resolution 
for the appointment of a committee, on their part, with such as may be 

2 


§4 


THE electors’ MANUAL. 


appointed on the part of the Senate, to ascertain and report a mode of 
examining the votes for President and Vice-President, and of notifying 
the persons who shall be elected of their election ; and to regulate the 
time, place, and manner of administering the oath of office to the Presi¬ 
dent; in which they desire the concurrence of the Senate. 

Tuesday, January 27, 1801.—The Senate concurred in the foregoing 
resolution, and appointed Messrs. Morris, Tracy, and Bingham to be the 
committee on the part of the Senate. 

Monday, February 9, 1801.—Mr. Morris, from the joint committee, 
appointed the 27th of January last to ascertain and report the mode of 
examining the votes for President and Vice-President of the United 
States, reported that the committee could come to no agreement. 

On the same day the Senate adopted the following resolution: 

Resolved^ That the Senate will be ready to receive the House of Kep- 
resentatives in the Senate chamber on Wednesday next, at 12 o’clock, for 
the purpose of being present at the opening and counting the votes for 
President of the United States ; that one person be appointed a teller on 
the part of the Senate, to make a list of the votes for President of the 
United States as they shall be declared, and that the result shall be de¬ 
livered to the President of the Senate, who shall announce the state of 
the vote, which shall be entered on the journals; and if it shall appear 
that a choice hath been made agreeably to the Constitution, such entry 
on the journal shall be deemed a sufficient declaration thereof. 

Ordered^ That the secretary notify the House of Representatives of this 
resolution. 

Tuesday, February 10, 1801.—The following message was received from 
the House of Representatives by Mr. Oswald, their clerk : 

Resolved, That this House will attend in the chamber of the Senate on 
AVednesday next, at 12 o’clock, for the purpose of being present at the 
opening and counting of the votes for President and Vice-President of the 
United States ; that Messrs. Rutledge and Nicholas be appointed tellers, 
to act jointly with the teller appointed on the part of the Senate, to make 
a list of the votes for President and Vice-President of the United States 
as they shall be declared ; that the result shall be delivered to the Presi¬ 
dent of the Senate, who shall announce the state of the vote, which shall 
be entered on the journals; and if it shall appear that a choice hath been 
made agreeably to the Constitution, such entry on the journals shall be 
deemed a sufficient declaration thereof. 

On motion. 

Ordered, That Mr. AVells.be a teller, on the part of the Senate, for the 
purpose expressed in the above resolution, and the secretary notify the 
House of Representatives accordingly. 

February 11, 1801.—The two Houses of Congress assembled in the 
Senate chamber, and the certificates of the electors of sixteen States were, 
by the Vice-President, opened and delivered to the tellers appointed for 
the purpose, who, having examined and ascertained the number of votes, 
presented a list thereof to the Vice-President. 

Whereupon, 

The Vice-President declared that the result of the votes, as delivered 
by the tellers, was— 


THE electors’ MANUAL. 


35 


That Thomas Jefferson had.73 

That Aaron Burr had.73 

That John Adams had.65 

That Charles Cotesworth Pinckney had . . . .64 

That John Jay had.1 


That the whole number of electors who had voted were one hundred 
and thirty-eight, of which number Thomas Jefferson and Aaron Burr 
had a majority ; but the number of those voting for them being equal, 
no choice was made by the people, and that consequently the remaining 
duties devolved on the House of Kepresentatives. 

On which the House of Kepresentatives repaired to their own cham¬ 
ber. 

February 18, 1801.—A message from the House of Reprssentatives by 
Mr. Oswald, their clerk : 

Mr. President: The House of Representatives have chosen Thomas 
Jefferson, of Virginia, President of the United States for the term com¬ 
mencing on the 4th day of March next. 

February 18, 1801.—On motion, 

Resolved^ That the President of the United States be requested to 
cause to be transmitted to Aaron Burr, Esq., of New York, Vice-Presi¬ 
dent of the United States, notification of his election to that office, and 
that the President of the Senate do make out and sign a certificate in the 
words following, viz.: 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened at the city of Washington, on 
the second Wednesday of February, A. D. 1801, the underwritten, Vice- 
President of the United States and President of the Senate, did, in the 
presence of the said Senate and House of Representatives, open all the 
certificates and count all the votes of the electors for President; where¬ 
upon it appeared that Thomas Jefferson, of Virginia, and Aaron Burr, 
of New York, had a majority of the votes of the electors, and an equal 
number of votes; in consequence of which the House of Representatives 
proceeded to a choice of a President, and have this day notified to the 
Senate that Thomas Jefferson has by them been duly chosen President; 
by all of which it appears that Aaron Burr, Esq., of New York, is duly 
elected, agreeably to the Constitution, Vice-President of the United 
States of America. 

In witness whereof, I have hereunto set my hand and seal this 18th 
day of February, 1801. 

Thomas Jefferson. 

And that the President of the Senate do cause the certificate aforesaid 
to be laid before the President of the United States, Avith this resolution. 

Fifth Term, 1805 to 1809. 

Whole number of States, 17. 

Electoral Vote. — Whole number of electors, 176. For President, 
Thomas Jefferson, 162; Charles C. Pinckney, 14. _ 

For Vice-President, George Clinton, 162; Rufus King, 14. 







36 


THE electors’ MANUAL. 


The Constitution having been amended, at this election the President 
and Vice-President were voted for separately. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal^ Second Session, pp. 450, 451, 452, and 454. 
—February 12, 1805. — On motion. 

Resolved, That the Senate will be ready to receive the House of Rep¬ 
resentatives in the Senate chamber on Wednesday, the 13th instant, Feb¬ 
ruary, at noon, for the purpose of being present at the opening and 
counting of the votes for President and Vice-President of the United 
States. That one person be appointed a teller on the part of the Senate, 
to make a list of votes for President and Vice-President of the United 
States as they shall be declared, and that the result shall be delivered to 
the President of the Senate, who shall announce the state of the vote, 
which shall be entered on the journals, and if it shall appear that a 
choice hath been made agreeably to the Constitution, such entry on the 
journals shall be deemed a sufficient declaration thereof. 

Ordered, That the secretary do carry this resolution to the House of 
Representatives. 

On the same day the House passed and sent to the Senate the following 
resolution : 

That a committee be appointed, on the part of the House of Repre¬ 
sentatives, to join such committee as ma}’ be appointed on the part of 
the Senate, to ascertain and report a mode of examining the votes for 
President and Vice-President, and of notifying the persons who shall be 
elected of their election, and to regulate the time, place, and manner of 
administering the oath of office to the President. 

February 18, 1805, the House of Representatives passed the following 
resolution : 

That they will attend in the chamber of the Senate this day at noon, 
for the purpose of being present at the opening and counting the votes 
for President and Vice-President of the United States, and have appointed 
tellers to act jointly with the teller who may be appointed on the part of 
the Senate to make a list of the votes for President and Vice-President 
of the United States, as they shall be declared. 

On motion, 

Ordered, That Mr. Smith, of Maryland, be a teller of the votes given 
for President and Vice-President of the United States on the part of the 
Senate, > 

Ordered, That the secretary acquaint the House of Representatives 
therewith. 

February 14, 1805.—On motion. 

Resolved, That the President of the United States be requested to cause 
to be transmitted to George Clinton, Esq., of New York, Vice-President- 
elect of the United States, notification of his election to that office; and 
that the President of the Senate do make out and sign a certificate in the 
words following, viz.: 

Be it known. That the Senate and House of Representatives of the 
United States, being convened in the city of Washington, on the second 
Wednesday in February, in the year of our Lord one thousand eight 


THE electors’ MANUAL. 


37 


hundred and live, the underwritten Vice-President of the United States 
and President of the Senate did, in the presence of the Senate and House 
of R(‘presentatives, open all the certificates and count all the votes of the 
electors fur a President and Vice-President of the United States; where¬ 
upon, it appeared that Thomas Jefferson, of Virginia, had a majority of 
the votes of the electors as President, and George Clinton, of New York, 
had a majority of the votes of the electors as Vice-President; by all 
which it appears that Thomas Jefferson, of Virginia, has been "duly 
elected President, and George Clinton, of New York, has been dulv 
elected Vice-President of the United States, agreeably to the Constitu¬ 
tion. 

In witness whereof, I have hereunto set my hand and seal the 14th 
day of February, lb05; 

And that the President of the Senate do cause the certificate aforesaid 
to be laid before the President of the United States, with this resolution. 
[Senate Journal, Eighth Congress, Second Session, pp. 450, 451, 452, 454.] 

Sixth Term, 1809 to 1813. 

Whole numher of Slates, 17. 

Electoral Vote. —Whole number of electors, 175. For Presid“nt, 
James Madison, 122; George Clinton, 6; C. C. Pinkney, 47. 

For Vice-President, George Clinton, 113; James Madison, 3 ; James 
Monroe, 3; John Langdon, 9; Rufus King, 47. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, Tenth Congress, Second Session, pp. 33S, 
339, 340, 341, 342.—February 3, 1809.—Mr. Smith, of Maryland, sub¬ 
mitted the following motion, which was read and agreed to : 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and 
report a mode of examining the votes for President and Vice-President, 
and of notifying the persons elected of their election ; and for regulating 
the time, place, and manner of administering the oath of office to the 
President. 

Ordered, That Messrs. Smith, of Maryland, and Gaillard, be the com¬ 
mittee on the part of the Senate. 

Ordered, That the Secretary notify the House of Representatives ac¬ 
cordingly. 

February 6,1809.—The following message was received from the House 
of Representatives by Mr. Magruder, their clerk : 

Mr. President: The House of Representatives concur in the resolution 
of the Senate for the appointment of a joint committee to ascertain and 
report a mode of examining the votes for President and Vice-President, 
and of notifying the persons elected of their election ; and for regulating 
the time, place, and manner of administering the oath of oflSce to the 
President, and have appointed a committee on their part. 

February 7, 1809.—Mr. Smith, of Maryland, from the joint committee 
to ascertain and report a mode of examining the votes for President and 


38 


THE electors’ MANUAL. 


Vice-President, etc., reported in part the following resolution, which 
was read and agreed to : 

Resolved, That the two houses shall assemble in the chamber of the 
House of Representatives on Wednesday next, at 12 o’clock ; that one 
person be appointed a teller on the part of the Senate, to make a list of 
the votes as they shall be declared ; that the result shall be delivered to 
the President of the Senate, who shall announce the state ol the vote, 
and the persons elected, to the two houses assembled as aforesaid, which 
shall be deemed a declaration of the persons elected President and Vice- 
President, and together with a list of the votes, to be entered on the 
journals of the two houses. 

Ordered, That INlr. Smith, of Maryland, be appointed teller on the part 
of the Senate, agreeably to the foregoing-resolution. 

On the 7th of February, the Senate received a message from the House 
of Representatives, notifying the Senate of their concurrence in the above 
resolution. 

February 8, 1809.—After the counting of the votes the President of 
the Senate declared James Madison elected President of the United States 
for four years, commencing with the fourth day of March next, and 
George Clinton, Vice-President of the United States for four years, com¬ 
mencing with the fourth day of IVfarch next. 

On motion by Mr. Smith, of Maryland, 

Resolved, That the President of the United States be requested to 
cause to be delivered to James Madison, Esq., of Virginia, now Secretary 
of State of the United States, a notification of his election to the office of 
President of the United States, and to be transmitted to George Clinton, 
Esq., of New York, Vice-President of the United States, notification of 
his election to that office; and that the President of the Senate do make 
out and sign a certificate in the words following, viz. : 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened in the city of Washington 
on the second Wednesday in February, in the year of our Lord one 
thousand eight hundred and nine, the underwritten. President of the 
Senatep/’o tempore, did, in the presence of the said Senate and House of 
Representatives, open all the certificates, and count all the votes of the 
electors for a President and Vice-President of the United States. 
Whereupon it appeared that James Madison, of Virginia, had a major¬ 
ity of the votes of the electors as President, and George Clinton, of 
New York, had a majority of the votes of the electors as Vice-President, 
by all of which it appears that James Madison, of Virginia, has been 
duly elected President, and George Clinton, of New York, has been 
duly elected Vice-President of the United States, agreeably to the Con¬ 
stitution. 

In witness whereof, I have hereunto set my hand and caused the seal 
of the Senate to be affixed this-day of February, 1809. 

And that the President of the Senate do cause the certificate afore¬ 
said to be laid before the President of the United States with this 
resolution. 



THE electors’ manual. 


39 


Seventh Term, 1813 to 1817. 

Whole number of States, 18. 

Electoral Vote. —Whole number of electors, 217. For President, Jfimes 
Madison, 128; De Witt Clinton, 89. 

For Vice-President, Elbridge Gerry, 131; Jared Ingersoll, 8G. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, Tivelfth Congress, Second Session, pp. 253, 
254, 255, 257.—February 8, 1813.—On motion of Mr. Gaillard, 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

Ordered, That Messrs. Gaillard and Smith, of New York, be the com¬ 
mittee on the part of the Senate. 

Ordered, That the secretary notify the House of Representatives. 

February 9, 1813.—The following message was received from the 
House of Representatives, by Mr. Magruder^ their clerk: 

Mr. President: The House of Representatives concur in the resolution 
of the Senate for the appointment of a joint committee to ascertain and 
report a mode of examining the votes for President and Vice-President 
of the United States, and of notifying the persons elected of their elec¬ 
tion, and have appointed a committee on their part. 

On the same day Mr. Gaillard, from the committee, reported the fol¬ 
lowing resolution, which was agreed to: 

Resolved, That the two Houses shall assemble in the chamber of the 
House of Representatives on Wednesday next, at 12 o’clock ; that one 
person be appointed a teller, on the part of the Senate, to make a list of 
the votes as they shall be declared ; that the result shall be delivered to 
the President of the Senate, who shall announce the state of the vote 
and the persons elect^^ to the two houses, assembled as aforesaid, which 
shall be deemed a declaration of the persons elected President and Vice- 
President, and, together with a list of the votes, be entered on the jour¬ 
nals of the two houses. 

On motion. 

Ordered, That Mr. Gaillard be appointed a teller of the ballots, on the 
part of the Senate, agreeably to the foregoing resolution. 

Ordered, That the secretary notify the House of Representatives ac¬ 
cordingly. 

Februiiry 10, 1813.—House of Representatives concur, and appoint 
tellers. 

February 11, 1813.—On motion by Mr. Smith, of New York, 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to wait on the Presi¬ 
dent of the United States, and to notify him of his re-election to the office 
of President of the United States. 

Ordered, That Messrs. Smith, of New York, and Franklin, be the 
committee on the part of the Senate. 


40 


THE electors’ MANUAL. 


Ordered^ That the secretary notify the House of Kepresentatives ac¬ 
cordingly. 

Oil motion by Mr. Franklin, 

Resolved^ That the President of the United States be requested to 
cause to be transmitted to Elbridge Gerry, Esq., of Massachusetts, Vice- 
President-elect of the United States, notification of his election to that 
office; and that the President of the Senate do make and sign a certifi¬ 
cate in the following words, to wit: 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened in the city of Washington on 
the second Wednesday of February, in the year of our Lord one thousand 
eight hundred and thirteen, the underwritten President of the Senate 
jrro tempore did, in the presence of the said Senate and House of Repre¬ 
sentatives, open all the certificates and count all the votes of the electors 
for a President and Vice-President of the United States; whereupon it 
appeared that James Madison, of Virginia, had a majority of the votes 
of the electors as President, and Elbridge Gerry, of Massachusetts, had 
a majority of the votes of the electors as Vice-President; by all which 
it appears that James Madison, of Virginia, has been duly elected Presi¬ 
dent, and Elbridge Gerry, of Massachusetts, has been duly elected Vice- 
President of the United States, agreeably to theTlonstitution. 

In witness whereof, I have herewith set rny hand and caused the seal 
of the Senate to be affixed, this-day of February, 1813. 

And that the President of the Senate do cause the certificate aforesaid 
to be laid before the President of the United States, with this resolution. 

Eighth Term, 1817 to 1821. 

Whole number of States, 19. 

Electoral Vote .—Whole number of electors, 217. For President, 
James Monroe, 183; Rufus King, 34. 

For Vice-President, Daniel D. Tompkins, 183; John E. Howard, 
22; James Ross, 5; John Marshall, 4; Robert E. Harper, 3. 

Action or the Senate and House of Representatives. 

Extract from Senate Journal, Fourteenth Congress, Second Session, pp. 
211, 225, 226, 231.—February 10, 1817.—On motion of Mr. Macon, 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

Ordered, That Mr. Macon and Mr. Tait be the committee on the part 
of the Senate. 

Ordered, That the secretary notify the House of Representatives ac¬ 
cordingly. 

February 11, 1817.—Mr. Macon, from the joint committee, reported 
the following resolution, whicdi was read and agreed to; 

Resolved, That the two houses shall assemble in the chamber of the 
House of Representatives on Wednesday next, at 12 o’clock ; that one 
person be appointed teller on the part of the Senate, to make a list of 
votes as they shall be declared ; that the result shall be delivered to the 
President of the Senate, who shall announce the state of the votes, and 


THE electors’ MANUAL. 


41 


the persons elected, to the two houses assembled as aforesaid, which shall 
be deemed a declaration of the persons elected President and Vice-Presi¬ 
dent, and, together with a list of the votes, be entered on the journals of 
the two houses. 

Ordered^ That Mr. Macon be appointed teller on the part of the Sen¬ 
ate. agreeably to the foregoing resolution. 

Ordered^ That the secretary notify the House of Representatives ac¬ 
cordingly. 

February 13, 1817.—On motion of Mr. Macon, 

Resolved^ That the President of the United States bo requested to 
cause to be delivered to James Monroe, Esq , of Virginia, now Secretary 
of State of the United States, a notification of his election to the office of 
President of the United States; and to be transmitted to Daniel D. 
Tompkins, Esq , of New York, a notification of his election to the office 
of Vice-President of the United States; and that the President of the 
Senate do make out and sign a certificate in the words following, viz. : 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened in the city of Washington on 
the second Wednesday in February, in the year of our Lord one thou¬ 
sand ^ight hundred and seventeen, the underwritten. President of the 
S(inate ;?ro tempore^ did, in the presence of the said Senate and House of 
Representatives, open all the certificates, and count all the votes of the 
electors for President and Vice-President of the United States ; where¬ 
upon it appeared that James Monroe, of Virginia, had a majority of the 
electors as President, and Daniel D. Tompkins, of New York, had a 
majority of the votes of electors as Vice-President By all of which it 
appears that James Monroe, of Virginia, has been duly elected Presi¬ 
dent, and Daniel D. Tompkins, of New York, has been duly elected 
Vice-President of the United States, agreeably to the Constitution. 

In witness whereof, I have hereunto set my hand, this - day of 

February, one thousand eight hundred and seventeen. 

And that the President of the Senate do cause the certificate aforesaid 
to be laid before the President of the United States, with this resolution. 

A dispute arising in reference to the vote of the State of Indiana, the 
Senate withdrew. The House came to decision before the Senate ; the 
Senate thereupon took no action, but returned to the hall of the House 
of Representatives, and the counting of the votes was completed. [Annals 
of Congress, Fourteenth Congress, Second Session, p. 944 ] 

Ninth Term, 1821 to 1825. 

Whole number of States^ 24. 

Electoral Vote. —Whole number of electors, 232. For President, James 
Monroe, 231 ; John Quincy Adams, 1. 

For Vice-President—Daniel D. Tompkins, 218 ; Richard Stockton, 8; 
Robert G. Harper, 1 ; Richard Rush, 1 ; Daniel Rodney, 1. 

Action of the Senate and House of Represkntatives. 

Extract from Senate Journal^ Sixteenth Congress^ Second Session, pp. 1C9, 
172, 187, 189.—February 6, 1821.—Mr. Barbour submitted the following 
resolution for consideration : 



42 


THE electors’ MANUAL. 


Resolved^ That a committee be appointed, to join such committee as 
may be appointed by the House of llepresentatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

February 7, 1821.—The Senate agreed to the resolution, and appointed 
Mr. Barbour and Mr. Macon the committee on the part of the Senate. 

February 13, 1821.—Mr. Barbour, from the joint committee, reported 
the following resolutions, which were read, considered, and agreed to : 

Resolved, That the two houses shall assemble in the chamber of tbe 
House of Bepresentatives on Wednesday next, at 12 o’clock, and the 
President of the Senate shall be tlie presiding officer ; that one person be 
appointed a teller on the part of the Senate, to make a list of the votes as 
they shall be declared ; that the result shall be delivered to the President 
of the Senate, who shall announce the state of the vote, and the persons 
elected, to the two houses assembled as aforesaid, which shall be deemed 
a declaration of the persons elected President and Vice-President of the 
United States, and, together with a list of votes, be entered on the jour¬ 
nals of the two houses. 

Resolved, That if any objection be made to the votes of Missouri, and 
the counting or omitting to count which shall not essentially chajigethe 
result of the election, in that case they shall be reported by the Presi¬ 
dent of the Senate in the following manner : Were the votes of Missouri 
to be counted, the result would be for A B, for President of the United 

States,-votes. If not counted, for A B, for President of the United 

States,-votes. But in either event A B is elected President of the 

United States. And in the same manner for Vice-President. 

Ordered, That the secretary notify the House of llepresentatives ac¬ 
cordingly. 

February 14, 1821.—Mr. Barbour was appointed teller. 

February 14, 1821.—The two houses, agreeably to the joint resolution, 
assembled in the Bepresentatives’ chamber, and the certificates of the 
electors of the several States, beginning with the State of New Hamp¬ 
shire, were, by the President of the Senate, opened and delivered to the 
tellers appointed for the purpose, by whom they were read, except the 
State of Missouri ; and wlien the certificate of the electors of that State 
was opened, and objection was made by Mr. Livermore, as member of 
the House of Bepresentatives from the State of New Hampshire, to count¬ 
ing said votes, whereupon 

On motion by Mr. Williams, of Tennessee, the Senate returned to tbeir 
own chamber. 

A message from the House of Bepresentatives by Mr. Dougherty, their 
clerk: 

Mr. President: The House of Bepresentatives is now ready to receive 
the Senate in the chamber of the House of Bepresentatives, for the pur¬ 
pose of continuing the enumeration of the votes of the electors for Presi¬ 
dent and Vice-President, according to the joint resolutions agreed upon 
between the two Houses. 

On motion by Mr. Barbour, 

Resolved, That the Senate proceed to meet the House of Bepresenta¬ 
tives in order to conclude the counting of the votes for President and 




43 


THE electors’ manual. 

Vice-President of the United States, according to the last of the joint 
resolutions adopted for that purpose. 

Whereupcm, the two Houses having assembled again in the Represen¬ 
tatives’ chamber, the certificate of the electors of the State of Missouri 
was, by the President of the Senate, delivered to the tellers, who road the 
same, and who, having examined and ascertained the whole number of 
votes, presented a list thereof to the President of the Senate. Senate 
Journal, Sixteenth Congress, Second Session, pp. 169, 172, 187, 189. 

Tenth Term, 1825 to 1829. 

Whole number of Stales, 24 

FAectoral Vote .—Whole number of electors, 261. For President, An¬ 
drew Jackson, 99; John Quincy Adams, 84; William H. Crawford, 41; 
Henry Clay, 37. 

For Vice President, John C. Calhoun, 182; Nathan Sanford, 30; 
Nathaniel Macon, 24; Andrew Jackson, 13; Martin Van Buren, 9; 
Henry Clay, 2. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, \%th August, Second Session, pp. 124, 135, 
145, 150, 153.—February 1, 1825.—On motion by Mr. Tazewell, 

Resolved, That a committee he appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and 
report a mode of examining the votes for President and Vice-President 
of the United States, and of notifying the persons elect(*d of their election. 

Mr. Tazewell, Mr. Vandyke, and Mr. King, of Alabama, were ap¬ 
pointed of the said committee on the part of the Senate. 

Ordered, That the secretary notify the House of Representatives 
thereof. 

February 4, 1825.—The House of Representatives concurs in the above 
resolution. 

February 8, 1825.—Mr. Tazewell, from the committee, reported, in 
part, the agreement of the joint committee to the following resolution : 

Resolved, That the two houses shall assemble in the chamber of the 
House of Representatives on Wednesday, the 9th day of February, 1825, 
at 12 o’clock ; that one person be appointed teller on the part of the 
Senate, and two persons be appointed tellers on the part of the House, 
to make a list of the votes as they shall be declared; that the result 
shall be delivered to the president of the Senate, who shall announee to 
the two houses assembled as aforesaid, the state of the vote, and the 
person or persons elected, if it shall appear that a choice hath been made 
agreeably to th.e Constitution of the United States; which annunciation 
shall be deemed a sufBcient declaration of the person or persons elected, 
and, together with a list of the votes, shall be entered on the journals of 
the two houses. 

The said report was read and considered. 

Whereupon, 

Resolved, That the Senate concur therein. 

February 9, 1825.—The two Houses of Congress, agreeably to the 


44 


THE electors’ MANUAL. 


joint resolution, assembled in the chamber of the House of Representa¬ 
tives, and the certificates of the electors of the several States were, by 
the President of the Senate, opened and delivered to the tellers appointed 
for the purpose, who, having examined and ascertained the number of 
votes, presented a list thereof to the President of the Senate. 

The whole number of the electors appointed to vote for President and 
Vice-President of the United States being 261, of which 131 make a 
majority. 

The President of the Senate then stated the result of the votes for 
President of the United States as delivered by the tellers to be: 


For Andrew Jackson, of Tennessee, . . . .99 

For John Quincy Adams, of Massachusetts, . . 84 

For William H. Crawford, of Georgia, . . .41 

For Henry Clay, of Kentucky, . . . . .37 


The President of the Senate declared that no person bad a majority of 
the votes of the whole number of electors appointed to vote for President 
of the United States, for the term of four years, commencing with the 
4th day of March, 1825; that the three persons having the highest 
number of votes are, Andrew .Jackson, of Tennessee, John Quincy 
Adams, of Massachusetts, and William H. Crawford, of Georgia, and 
that consequently the remaining duties devolve on the House of Repre¬ 
sentatives. 

He further declared, that John C. Calhoun, of South Carolina, had a 
majority of the votes of the whole number of electors appointed, and was 
duly elected Vice-President of the United States for the term of four 
years, commencing with the 4th day of March, 1825. 

February 11, 1825.—On motion by Mr. Tazewell, 

Resolved^ That the President of the United States be requested to 
cause to be transmitted to John C. Calhoun, of South Carolina, Vice- 
President-elect of the United States, notification of his election to that 
otfice, and that the president of the Senate do make and sign a certificate 
in the following words, viz : 

Be it known. That the Senate and House of Representatives of the 
United States of America, being convened at the city of Washington on 
the second Wednesday of February, in the year of our Lord one thousand 
eight hundred and twenty-five, the underwritten, president of the Senate, 
py'o tempore^ did, in the presence of the said Senate and House of Repre¬ 
sentatives, open all the certificates and count all the votes of the electors 
for a President and for a Vice-President of the United States; where¬ 
upon, it appeared that John C. Calhoun, of South Carolina, had a ma¬ 
jority of the votes of the electors as Vice-President; by all which it 
appears that John C. Calhoun, of South Carolina, has been duly elected 
Vice-President of the United States, agreeably to the Constitution. 

In witness whereof, I have hereunto set my hand this-day of Feb¬ 

ruary, 1825. 

And that the President of the Senate do cause the certificate aforesaid 
to be laid before the President of the United States, with this resolution. 

February 10, 1825.—The Senate received a notice from the House of 


THE electors’ MANUAL. 


45 


Epprosentntives on the 9th instant, that they had chosen John Quincy 
Adams to be President of the United States, for the constitutional term 
of four years, commencing on the fourth day of March, 1825. [Senate 
Journal, Eighteenth Congress, Second Session, pp. 124,135,145,150, 153.] 

Eleventh Term, 1829 to 1833. 

Whole number of States, 24. 

Electoral Vote. — Whole number of electors, 251. Eor President, An¬ 
drew Jackson, 178; John Quincy Adams, 83. 

^ P'or Vice-President, John C. Calhoun, 171 ; Richard Rush, 83; Wil¬ 
liam Smith, 7. 

Popular Vote.—Yov President, Jackson, 650,028; Adams, 512,158. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, Twentieth Congress, Second Session, pp. 
103, 109, 111, 113, 119, 121.—February 2d, 1829.—On motion of Mr. 
Tazewell, 

Resolved, That a committee be appointed to join such committee as 
may be appointed by the House of Representatives, to ascertain and 
report a mode of examining the votes of President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

Ordered, That Mr. Tazewell, Mr. Sandford, and Mr. Webster be the 
committee on the part of the Senate. 

Ordered, That the secretary ask the concurrence of the House of Rep¬ 
resentatives in said resolution. 

February 5, 1829.—The Senate receives notice of the House of Repre¬ 
sentatives having concurred in the foregoing resolution. 

February 9, 1829.—Mr. Tazewell, from the joint committee, made the 
following report: 

That the joint committee, in part execution of the duties with which 
they were charged by the two Houses of Congress, have agreed to the 
following resolution, in which resolution they recommend the Senate to 
concur: 

Resolved, That the two houses shall assemble in the chamber of the 
House of Representatives on Wednesday, the 11th day of February, 
1829, at 12 o’clock; that one person be appointed teller on the jairt of 
the Senate, and two persons be appointed tellers on the part of the 
House, to make a list of votes for President and Vice-Prc'sident of the 
United States, as they shall be declared; that the result shall be deliv¬ 
ered to the President of the Senate, who shall announce to the two 
houses, assembled as aforesaid, the state of the vote, and the person or 
persons elected, if it shall appear that a choice hath been made agree¬ 
ably to the Constitution of the United States ; which annunciation shall 
be deemed a sufficient declaration of the person or persons elected, and, 
together with a list of the votes, shall be entered upon the journals of 
the two houses. 

On motion of Mr. Tazewell, 

The Senate proceeded to consider the said report and resolution by 
unanimous consent; and 


46 


THE electors’ MANUAL. 


Resolved^ That they concur therein. 

February 11, 1829.—Mr. Tazewell, from the joint committee, reported 
that the joint committee, \n further execution of the duties with which 
they were chariijed by the two Houses ot Congress, have agreed to the 
following resolution, in which resolution their committee recommend to 
the Senate to concur : 

Resolved, That a committee of one member of the Senate be appointed 
by that body, to join a committee of two members of the House of Kep- 
resentatives, to be appointed by that House, to wait on Andrew Jack- 
son, of Tennessee, and to notify him that he has been duly elected Presi¬ 
dent of the United States for four years, commencing with the'4th day 
of March, 1829. 

The Senate proceeded to consider the said resolution ; and 

Resolved^ That they concur therein. 

Ordered, That Mr. Tazewell be the committee on the part of the 
Senate. [Senate Journal, Twentieth Congress, Second Session, pp. 103, 
lb9, 111, 113, 119, 121.] 

Twelfth Term, 1833 to 1837. 

Whole number of States^ 24. 

Electoral Vote. —Whole number of electors, 288. For President, An¬ 
drew Jackson, 219; Henry Clay, 49; John Floyd, 11 ; William Wirt, 7. 

For Vice-President, Martin Van Buren, 189; John Sargent, 49; 
William Wilkins, 30; Henry Lee, 11; Amos Ellmaker, 7. 

Popular Vote. —For President, Andrew Jackson, 687,502; Clay, 550,- 
189. Wirt and Floyd combined, 33,108. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal^ Twenty-second Congress^ Second Session, 
p'p-. 150, 156, 159, 164, 178.—February 1, 1833.—The following motion, 
submitted by Mr. Grundy, was considered and agreed to: 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

Ordered, That Mr. Grundy, Mr. Rives, and Mr. Wright be the com¬ 
mittee on the part of the Senate. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in said resolution. 

February 5, 1833.—House of Representatives concur. 

February 6, 1833.—Mr. Grundy, from the joint committee, made the 
following report: 

That the joint committee, in part execution of their duties, have agreed 
to the following resolution, in which resolution they ask the concurrence 
of the Senate: 

Resolved, That the two Houses shall assemble in the chamber of the 
House of Representatives, on Wednesday, the 13th day of February, 1833, 
at one o’clock; that one person be appointed teller on the part of the 
Senate, and two persons be appointed tellers on the part of the House, 


THE electors’ MANUAL. 


47 


to make a list of the votes for President and Vice-President of the United 
States, as they shall be declared ; that the results shall be delivered 
to the President of the Senate, who shall announce to the two houses 
assembled, as aforesaid, the state of the vote, and the person or persons 
elected, if it shall appear that a choice hath been made, aojreeably to the 
Constitution of the United States; which annunciation shall be deemed 
a sufficient declaration of the person or persons elected ; and, together 
with a list of the votes, shall be entered on the journals of the two 
houses. 

On motion by Mr Grundy, 

The Senate proceeded by unanimous consent to consider the said report 
and resolution. 

Resolved^ That they concur therein. 

Ordered, That Air. Grundy be the teller on the part of the Senate. 

Ordered, That the secretary notify the House of Kepresentatives ac-' 
cordingly. 

Pebruary 7, 1833.—The House of Representatives adopt the report. 

February 13, 1833.—Air. Grundy, from the same committee, reported 
the following resolution : 

Resolved, That a committee of one member of the Senate be appointed 
to join a committee of two members of the House of Representatives, to 
be appointed by that house, to wait on Andrew Jackson, of Tennessee, 
and to notify him that he has been duh' elected President of the United 
States for four years, commencing with the 4th day of Alarch next; and, 
also, to notify Alartin Van Buren, of New York, that he has been duly 
elected Vice-President of the United States for four years, commencing 
with the 4th day of Alarch next. 

The Senate proceeded to consider the said resolution, and 

Resolved, That'they concur therein. 

Ordered, That Air. Grundy be the committee on the part of the Senate. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in said resolution. [Senate Journal, Twenty-second Con¬ 
gress, Second Session, pp. 150, 15G, 159, 164, 178.] 

Tuirteenth Term, 1837 to 1841. 

Whole Number of States, 26. 

Electoral Vote. —Whole number of electors, 294. For President, 
Alartin Van Buren, 170; AVilliam H. Harrison, 73; Hugh L. White, 
26; Daniel Webster, 14; William R. Alangum, 11. 

For Vice-President, Richard AI. Johnson, 147; Francis Granger, 77; 
John Tyler, 47 ; William Smith, 23. 

Popular Vote. —For President, Van Buren, 762,149; all others com¬ 
bined, 736,736. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, Twenty-sixth Congress, Second Session, pp. 
169, 184, 203, 216, 227, 228, 229.—January 27, 1837.—The following mo¬ 
tion, submitted by Air. Grundy, was considered: 

Resolved, That a committee be appointed, to join such committee as 


48 


THE electors’ MANUAL. 


may be appointed by the House of Kepresentatives, to ascertain and re¬ 
port a mode of examininsj the votes of President and Vice-President of 
. the United States, and of notifying the persons of their election. 

On motion by ]Mr. Clay, 

The resolution was amended by inserting at the end thereof: and, 
also, to inquire into the expediency of ascertaining whether any votes 
were given at the recent election contrary to the prohibition contained 
in the second section of the second article of the Constitution ; and, if 
any such votes were given, what ought to be done with them ; and 
whether any and what provision ought to be made for securing the faith¬ 
ful observance, in future, of that section of the Constitution. 

The motion, as amended, was then agreed to. 

On motion by Mr. Grundy : 

Ordered^ That the Vice-President appoint the committee. 

Mr. Grundy, Mr. Clay, and Mr. Wright were appointed accordingly. 

February 1, 1837.—The Senate receives notice that the House concurs 
in the above resolution. 

February 4, 1837.—Mr. Grundy, from the committee, submitted a 
report,* in part, accompanied by the following resolutions: 

Resolved, That the two houses shall assemble in the chamber of the 
House of Representatives on Wednesday next, at 12 o’clock, and the 
President of the Senate shall be the presiding officer ; that one person be 
appointed a teller on the part of the Senate, and two on the part of the 
House of Representatives, to make a list of the votes as they shall be 
declared ; that the result shall be delivered to the President of the Senate, 
who shall announce the state of the vote, and the persons elected, to Che 
two houses assembled as aforesaid, which shall be deemed a declaration 
of the persons elected President and Viee-President of the United States, 
and, together with a list of votes, be entered on the journals of the two 
houses. 

Resolved, That, in relation to the votes of Michigan, if the counting 
or omitting to count them shall not essentially change the result of ftie 
election, they shall bo reported by the President of the Senate in the 
following manner : Were the votes of Michigan to be counted, the result 

would be, for A B, for Prc'sident of the United States-votes; if not 

counted, for A B, for President of the United States-votes ; but in 

either event A B is elected President of the United States; and in the 
same manner for Vice-President. 

The Senate proceeded to consider the resolutions by unanimous con¬ 
sent, and a division of the question being called for, the first resolution 
was agreed to. 

On the question to agree to the second. 

It was determined in the affirmative—yeas 34, nays 9. 

So the resolutions were agreed to. 

On motion by Mr. Grundy, 

Ordered, That the President so appoint the teller in conformity thereto, 
on the part of the Senate ; and 

Mr. Grundy was appointed. 


* Senate Doc., No. 144, vol. ii, Second Session, Twenty-fourth Congress. 




THE electors’ MANUAL. 


49 


Ordered, That the secretary notify the House of Kepresentatives 
accordingly. 

February 7, 1837.—The Senate receives notice that the House of Kep- 
re.^entatives has agreed to the foregoing resolution. 

February 8, 1837.—Both Houses met in joint convention. 

After the counting of the votes, the President of the Senate made the 
following announcement: 

That it therefore appeared that, were the votes of Michigan to be 
counted, the result would be, for Martin Van Buren, of New York, for 
President of the United States, 170 votes ; if not counted, for Martin Van 
Buren, of New Y^ork, for President of the United States, 167 votes ; but 
in either event, Martin Van Buren, of New York, is elected President 
of the United States; and thereupon he declared that Martin Van 
Buren, of New York, having a majority of the whole number of elec¬ 
toral votes, is duly elected President of the United States for four years, 
commencing with the 4th day of March, 1837. 

That it also appeared that, were the votes of Michigan to be counted, 
the highest number of votes for Vice-President of the United States 
would be 147; and, if not counted, the highest number would be 144 
votes ; but, in either event, no person had a majority of the electoral 
votes as Vice-President of the United States ; he thereupon declared that, 
no person having a majority of the whole number of electoral votes as 
Vice-President of the United States, an election to that office had not 
been effected; that Richard M. Johnson, of Kentucky, and Francis 
Granger, of New York, were the two highest on the lists of electoral 
votes; and that it devolved on the Senate of the United States, as pro¬ 
vided in the Constitution, to choose from these persons a Vice-President 
of the United States. 

The Senate then returned to their chamber. 

Mr. Grundy, from the committee, reported: 

That the joint committee, in further execution of the duties with 
which they were charged by the two Houses of Congress, have agreed 
to the following resolution, in which their committee recommend the 
Senate to concur. 

Resolved, That a committee of one member of the Senate be appointed 
by that body, to join a committee of two members of the House of Rep¬ 
resentatives, to be appointed by that House, to wait on Martin Van 
Buren, of New York, and to notify him that he has been duly elected 
President of the United States for four years, commencing with the 4th 
day of March, 1837. 

The Senate proceeded, by unanimous consent, to consider the said 
resolution, and concurred therein. 

It was agreed that the president appoint the committee; and 

Mr. Grundy was appointed accordingly. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in said resolution. 

Mr. Grundy submitted the following motion for consideration: 

Whereas, counting the electoral votes in the presence^ of both 

Houses of Congress, given at the late election for President and Vice- 
President of the United States, it appears that no person has received 

3 


50 


THE electors’ MANUAL. 


for the office of Vice-President of the United States a majority of the 
votes of the whole number of electors appointed ; and it also appearing 
that Kichard M. Johnson, of Kentucky, and Francis Granger, of New 
York, have the two highest numbers on the list of those voted for to fill 
the office of Vice-President: Therefore, 

Resolved, That the Senate do now proceed to choose a Vice-President 
from the said Kichard M. Johnson and Francis Granger, they having 
the two highest numbers on the list; and the manner of voting shall be 
as follows: The secretary of the Senate shall call the names of the sena¬ 
tors in alphabetical order, and each senator will, when his name is called, 
name the person for whom he votes; and if a majority of the whole 
number of senators shall vote for either the said Richard M. Johnson or 
Francis Granger, he shall be declared by the presiding officer of the 
Senate constitutionally elected Vice-President of the United States for 
four years, commencing the 4th day of March, 1837. 

The Senate proceeded, by unanimous consent, to consider the motion ; 
and 

Resolved, That they concur therein. 

The secretary having called the names of the Senators, respectively, 
in alphabetical order, the result was as follows: 

For Kichard M. Johnson, of Kentucky; 

Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Dana, Ewing of 
Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King 
of Georgia, Linn, Lyon, McKean, Moore, Morris, Mouton, Nicholas, 
Niles, Norvell, Page, Parker, Rives, Robinson, Ruggles, Sevier, Strange, 
Tallraadge, Tipton, Walker, Wright. 

For Francis Granger, of New York: 

Messrs. Bayard, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, 
Kent, Knight, Prentiss, Robbins, Southard, Spence, Swift, Tomlinson, 
Wall, Webster. 

It appeared, therefore, that the whole number of votes were 49, and 
that of these, thirty-three votes were given in favor of Richard M. John¬ 
son, of Kentucky, and sixteen votes in favor of Francis Granger, of New 
York. 

The president of the Senate thereupon declared Richard M. Johnson, 
of Kentucky, constitutionally elected Vice-President of the United States 
for four years, commencing on the 4th day of March, 1837. 

The following motion was submitted by Mr. Grundy, considered by 
unanimous consent, and agreed to; 

Resolved, That a committee of three members be appointed to wait on 
Richard M. Johnson, of Kentucky, and to notify him that he has been 
this day duly chosen by the Senate, in pursuance of the Constitution of 
the United States, Vice-President of the United States for four years, 
commencing with the 4th day of March, 1837. 

It was agreed that the president appoint the committee. Mr. Grundy, 
Mr, Robinson, and Mr. Niles were appointed accordingly. [Senate 
Journal, Twenty-sixth Congress, Second Session, pp. 1G9, 184, 203, 216, 
227,228,229.] 


THE electors’ MANUAL, 


51 


Fourteenth Term, 1841 to 1845. 

Whole number of States, 26. 

Electoral Vote.—¥ov President, William H. Harrison, 234 ; Martin 
Van Buren, 60. 

For Vice-President, John Tyler, 234; R. M. Johnson, 48; L. W. 
Tazewell, 11; James K. Polk, *1. 

Popular Vote. —Harrison, 1,274,783 ; Van Buren, 1,128,702 ; James G. 
Birney, 7609. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal, Tioenty-sixth Congress, Second Session, 
pp. 140, 149, 157, 173.—January 28, 1841.—Mr. Preston submitted the 
following motion : 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

Ordered, That the committee consist of three members, to be appointed 
by the Vice-President; and 

Mr. Preston, Mr. Hubbard, and Mr. Huntington were accordingly 
appointed. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in this resolution. 

February 1, 1841.—A message from the House of Representatives an¬ 
nounces their concurrence in the above resolution. 

February 2, 1841.—Mr. Preston, from the joint committee, reported 
the following resolution : 

Resolved, That the two houses will assemble in the chamber of the 
Ilou.se of Representatives on Wednesday, the 10th instant, at 12 o’clock, 
and the President of the Senate shall be the presiding officer; that one 
person be appointed a teller on the part of the Senate, and two on the 
part of the House of Representatives, to make a list of the votes as they 
shall be declared; that the result shall be delivered to the president of 
the Senate, who shall announce the state of the vote, and the persons 
elected, to the two houses assembled as aforesaid ; which shall be deemed 
a declaration of the persons elected President and Vice-President of the 
United States, and, together with a list of votes, be entered on the journals 
of the two houses. 

The Senate proceeded to consider the resolution, by unanimous consent, 
and agreed thereto. 

On motion, 

Ordered, That the teller be appointed by the Vice-President ; and 

]\[r. Preston was accordingly appointed. 

Ordered, That the secretary notify the House of Representatives 
thereof. 

February 10, 1841.—Mr. Preston, from the joint committee, submitted 
the following report: 

That the joint committee, in further execution of the duties with 


52 


THE electors’ manual. 


which they were charged by the two houses, have agreed to the following 
resolution, in which they recommend the Senate to concur: 

Resolved, That a committee of one member of the Senate be appointed 
hy that body, to join a committee of two members of the House of Kep- 
rrsentatives, to be appointed by the House, to wait on William Henry 
Harrison, of Ohio, and to notify him that he has been duly elected Presi- 
d-mtofthe United States for four years, commencing with the 4th day 
of March, 1841. 

The Senate proceeded, by unanimous consent, to consider the resolu¬ 
tion ; and 

Resolved, That they concur therein. 

On motion. 

It was agreed that the Vice-President appoint the committee; and 

Mr. Preston was accordingly appointed. 

Ordered, That the secretary notify the House of Kepresentatives 
thereof. 

Mr. Preston submitted the following resolution : ^ 

Resolved, That the president of the Senate do cause John Tyler, of 
Virginia, to bn notified that he has been duly elected Vice-President of 
tlie'United States for four years, commencing with the 4th day of 
March, 1841. 

The Senate proceeded, by unanimous consent, to consider the resolu¬ 
tion ; and 

Resolved, That they concur therein. 

Fifteknth Term, 1845 to 1849. 

Whole number of Slates, 26. 

Electoral Vote .—Whole number of electors, 275. For President, 
James K. Polk, 170 ; Henry Clay, 105. 

For Vice-President, George M. Dallas, 170; Theodore Freling- 
huysen, 105. 

Popular Vote .—For President, James K. Polk, 1,335,834 ; Clay, 1,297,- 
033; Frelinghuysen, 105. 

Action of the Senate and House of Kepresentatives. 

Extracts from Senate Journal, Twenty-eighth Congress, Second Session, 
pp. 128, 136, 144, 196, 164.—February 3, 1845.—Mr. Walker submitted 
the following resolution, which was considered, by unanimous consent, 
and agreed to : 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Kepresentatives, to ascertain and 
report a mode of exan)ining the votes for President and Vice-President of 
the United States, and of notifying the persons elected of their election. 

On motion by Mr. AValker, 

Ordered, That the committee be appointed by the president joro tem¬ 
pore; and 

Mr. Walker, Mr. Woodbury, and Mr. Dayton were appointed. 

Ordered, That the secretary request the concurrence of the House of 
Kepresentatives therein. 


THE electors’ MANUAL. 


53 


February 5, 1845 —A message announces the concurrence of the House 
of Kepresentatives in the resolution. 

February 7, 1845.—Mr. Walker, from the joint committee, reported in 
part the following resolution : 

Resolved, That the two houses will assemble in the chamber of the 
House of Ik;presentatives on Wednesday, the 12th day of February, 
1845, at 12 o’clock ; that one person be appointed teller on the part of the 
Senate, and two persons be appointed tellers on the part of the House, to 
make a list of the votes for President and Vice-President of the United 
States as they shall be declared; that the result shall be delivered to the 
President of the Senate, who will announce to the two Houses, assembled 
as aforesaid, the state of the vote and the person or persons elected, if it 
shall appear that a choice hath been made agreeably to the Constitution 
of the United States; which annunciation shall be deemed sufficient 
declaration of the persons elected ; and that the said proceedings, together 
with a list of the votes, be entered on the journals of the two houses. 

The Senate proceeded to consider the resolution by unanimous consent, 
and 

Resolved, That they concur therein. 

On motion by Mr. Walker, 

Ordered, That the teller on the part of the Senate be appointed by the 
president pro tempore; and 

Mr. Walker was appointed. 

’ Ordered, That the secretary notify the House of Kepresentatives ac¬ 
cordingly. 

February 8.—The House of Representatives concur. 

February 12, 1845.—Mr. Walker, from the joint committee, reported 
the following resolution: 

Resolved, That a committee of one member of the Senate, to be ap¬ 
pointed by that body, to join a committee of two members of the House 
of Representatives, to be appointed by that body, to wait on James K. 
Polk, of Tennessee, and inform him that he has been duly elected Presi¬ 
dent of the United States for four years, commencing with the 4th day 
of March, 1845; and also to wait on George M. Dallas, of Pennsylvania, 
and inform him that he has been duly elected Vice-President of the 
United States for four years, commencing with the 4th day of March, 
1845. 

The Senate proceeded, by unanimous consent, to consider the resolu¬ 
tion ; and 

Resolved, That they concur. 

Ordered, That the committee on the part of the Senate be appointed 
by the president 7 ?ro tempore; and 
*^Mr. Walker was appointed. 

Ordered, That the secretary notify the House of Representatives ac¬ 
cordingly. [Senate Journal, Twenty-eighth Congress, Second Session, 
pp. 128, 136, 144, 149, 164.] 

Sixteenth Term, 1849 to 1853. 

Whole number of States, 30. 

Electoral Vote.—Fov President, Zachary Taylor, 163 ; Lewis Cass, 127. 


54 


THE ELECTOKS’ MANUAL. 


For Vice-President, Millard Fillmore, 1G3; William O. Butler, 127. 

Popular Fo^c.—Taylor, 1,362,031 ; Cass, 1,222,445; Van Buren, 291,455. 

Action or the Senate and House of Representatives. 

Exiracts from the Senate Journal^ Thirtieth Congress, Second Session, pp. 
169, 181, 214.—January 31, 1849. — Mr. Clayton submitted the following 
resolution ; which was considered, by unanimous consent, and agreed to: 

Resolved, That a committee be apj)ointed, to join such committee as 
may be appointed by the House of Representatives, to ascertain and re¬ 
port a mode of examining the votes for President and Vice-President 
of the United States, and of notifying the persons elected of their election. 

On motion. 

Ordered, That the committee be appointed by the Vice-President; and 

Mr. Clayton, Mr. Davis, of Mississippi, and Mr. Davis, of Massachu¬ 
setts were appointed the committee. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in the resolution. 

Mr. Clayton, from the joint committee, reported in p)art the following 
resolution: 

Resolved, That the two houses will assemble in the chamber of the 
House of Representatives on Wednesday, the fourteenth instant, at twelve 
o’clock, and the President of the Senate shall be the presiding officer ; that 
one person be appointed a teller on the part of the Senate, and two on 
the part of the House of Representatives, to make a list of the votes as 
they shall be declared ; that the result shall be delivered to the President 
of the Senate, who shall announce the state of the vote, and the persons 
elected, to the two houses assembled as aforesaid ; which shall be deemed 
a declaration of the persons elected President and Vice-President of the 
United Slates, and, together with a list of the votes, be entered on the 
journals of the two houses. 

The Senate proceeded to consider the resolution by unanimous consent, 
and the resolution was agreed to. 

On motion. 

Ordered, That the teller on the part of the Senate be appointed by the 
Vice-President; and 

Mr. Clayton was appointed. 

Mr. Clayton being excused, Mr. Davis, of Mississippi, was appointed 
in his stead. 

Ordered, That the secretary notify the House of Representatives thereof. 

February 14, 1849.—After the counting of the votes, Mr. Davis, of 
Mississippi, from the joint committee, submitted the following resolution : 

Resolved, That a committee of one member be appointed on the part 
of the Senate, to join a committee of two members on the part of the 
House of Representatives, to wait upon Zachary Taylor, of Louisiana, 
and inform him that he has been duly elected Presicbmt of the United 
States for four years, to comnumce on the 4th day of March, 1849; and 
also to wait on Millard Fillmore, of New York, and inform him that ho 
has been duly elected Vice-President of the United States for four years, 
to commence on the 4th day of March, 1849. 


THE electors’ MANUAL. 


55 


The Senate, by unanimous consent, proceeded to consider the resolu¬ 
tion, and the resolution was agreed to. 

Ordered^ That the secretary request the concurrence of the House of 
Kepresentatives therein. [Senate Journal, Thirtieth Congress, Second 
Session, pp. 169, 181, 214.] 

Seventeenth Term, 1853 to 1857. 

Whole number of States, 31. 

Electoral Vote. —Whole number of electors, 296. For President, 
Franklin Pierce, 254; Winfield Scott, 42. 

For Vice-President, William K King, 254; William A. Graham, 42. 

Popular Vote .—For President, Franklin Pierce, 1,590,490; Winfield 
Scott, 1,378,589; John P. Hale, 157,296. 

Action of the Senate and House of Kepresentatives. 

Extracts from Senate Journal, Thirty-second Congress, Second Session, pp. 
146, 158, 165, 182.—January 31, 1853.—Mr. Hunter submitted the fol¬ 
lowing resolution, which was considered, by unanimous consent, and 
agreed to: 

Resolved, That a committee be appointed, to join such committee as 
may be appointed by the House of Kepresentatives, to ascertain and 
report a mode of examining the votes of President and Vice-President 
of the United States, and of notifying the persons elected of their elec¬ 
tion. 

On motion by Mr. Hunter, 

Ordered, That the committee be appointed by the president pro tem¬ 
pore /and 

Mr. Hunter, Mr. Bright, and Mr. Pearce were appointed. 

Ordered, That the secretary notify the House of Kepresentatives 
thereof. 

February 2, 1853.—The House of Kepresentatives concurs. 

February 4, 1853.—Mr. Hunter, from the joint committee, reported 
the following resolution: 

Resolved, That the two houses will assemble in the chamber of the 
House of Representatives on Wednesday, the 9th instant, at 12 o’clock, 
and the President of the Senate pro shall be the presiding ofllcer ; 

and one person shall be appointed teller on the part of the Senate, and 
two on the part of the House of Representatives, to make a list of the 
votes as they shall be declared; that the result shall be delivered to the 
President of the Senate pro tempore, who shall announce the state of the 
vote and the persons elected to the two houses assembled as aforesaid ; 
which shall be deemed a declaration of the persons elected President and 
Vice-President of the United States, and, together with a list of the 
votes, be entered on the journals of the two houses. 

The Senate proceeded to consider the resolution, by unanimous con¬ 
sent ; and 

The resolution was agreed to. 

Ordered, That the teller on the part of the Senate be appointed by the 
president pro tempore ] and 


56 


THE electors’ MANUAL. 


Mr. Hunter was appointed. 

Ordered, That the secretary of the Senate notify the House of Kepre- 
sentatives thereof. 

February 9, 1853.—Mr. Hunter, from the joint committee, reported 
the followina: resolution : 

Resolved, That a committee of one member of the Senate be appointed 
by that body to join a committee of two members of the House of Repre¬ 
sentatives, to be appointed by the House, to wait on Franklin Pierce, of 
New Hampshire, and notify him that he has been duly elected President 
of the United States for four years, to commence on the 4th day of 
March, 1853. 

The Senate proceeded, by unanimous consent, to consider the said 
resolution ; and 

The resolution was agreed to. 

On motion, 

Ordered, That the committee on the part of the Senate be appointed 
by the president tempore; and 

Mr. Hunter was appointed. 

Ordered, That the secretary notify the House of Representatives 
thereof. 

Mr. Hunter submitted the following resolution, which was considered 
bj’’ unanimous consent, and agreed to : 

Resolved, That the President of the Senate do cause William R. King, 
of Alabama, to be notified that he has been duly elected Vice-President 
of the United States for four years, to commence on the 4th day of 
March, 1853. 


Eighteenth Term, 1857 to 1861. 

Whole number of States, 31. 

Electoral Vote. —For President, James Buchanan, 174; John C. Fre¬ 
mont, 109; Millard Fillmore, 8. 

For Vice-President, John C. Breckinridge, 174; William L. Dayton, 
109; Andrew J. Donaldson, 8. 

Popular Vote. —Buchanan, 1,832,232; Fremont, 1,341,514; Fillmore, 
874,907. 

Action of the Senate and House of Representatives. 

Extract from Senate Journal, Thirty-fourth Congress, Third Session, 
pp. 148, 157, 160, 189, 190, 191, 196, 197.—February 2, 1857.—Mr. Bigler 
submitted the following resolution, which was considered, by unanimous 
consent, and agreed to : 

Resolved, That a committee be appointed, to consist of three members, 
to join such committee as may be appointed by the House of Representa¬ 
tives, to ascertain and report a mode for examining the votes for Presi¬ 
dent and Vice-President of the United States, and to notify the persons 
elected of their election. 

On motion by Mr. Bigler, 

Ordered, That the committee be appointed by the president pro tem¬ 
pore; and 


THE electors’ MANUAL. 


67 


Mr. Bigler, Mr. Benjamin, and Mr. Foote were appointed. 

Ordered^ That the secretary notify the House of Kepresentatives 
thereof. 

February 3, 1857.—The House of Representatives concurs. 

February 4, 1857.—Mr. Bigler, from the joint committee, made the 
following report: 

Resolved, That the two houses will assemble in the chamber of the 
House of Representatives on Wednesday, the 11th instant, at twelve 
o’clock, and the president pro tempore shall be the presiding ofBcer; 
that one person shall be appointed teller on the part of the Senate, and 
two on the part of the House of Representatives, to make a list of the 
votes as they shall be declared ; that the result shall be delivered to the 
President of the Senate ;oro tempore^ who shall announce the state of the 
vote and the persons elected to the two houses assembled ; which shall 
be deemed a declaration of the persons elected President and Vice-Presi¬ 
dent of the United States, and, together with a list of the votes, be en¬ 
tered on the journals of the two houses. 

The Senate proceeded to consider the resolution, by unanimous con¬ 
sent; and 

The resolution was agreed to. 

On motion by Mr. Bigler, 

Ordered, that the teller on the part of the Senate be appointed by the 
president joro tempore; and 

Mr. Bigler was appointed. 

Ordered, That the secretary notify the House of Representatives 
thereof. 

February 11, 1857.—Upon opening the electoral votes, it was found 
that the vote of the State of Wisconsin had been cast on the da}" follow¬ 
ing the time appointed by law, but that the result would not be affected 
by either omitting or counting the vote; so that the President pro tem¬ 
pore of the Senate declared James Buchanan duly elected President, and 
John C. Breckinridge, Vice-President of the United States. 

Several resolutions were offered in regard to the vote of Wisconsin, 
but they were unacted upon by the Senate. On the 12th of February, 
the following resolution was received from the House of Representatives. 

Resolved, That two members of the House be app()inted by that body, 
to join a committee of one member of the Senate, to be appointed by that 
body, to wait on James Buchanan, of Pennsylvania, and inform him that 
he has been duly elected President of the United States for four years, 
commencing on the 4th day of March, 1857; and also to inform John C. 
Breckinridge, of Kentucky, that he has been duly elected Vice-President 
of the United States for four years from the 4th of March, 1857. 

Ordered, That Mr. George W. Jones, of Tennessee, and Mr. T. B. 
Florence, of Pennsylvania, be the committee on the part of the House. 
The Senate proceeded to consider the said resolution; and 

Resolved, That the Senate concur therein. 

On motion by Mr. Weller, 

Ordered, That the committee on the part of the Senate be appointed by 
the president jo/’o tempore; and 

Mr. Weller was appointed. 


3* 


58 


THE electors’ MANUAL.’ 


Ordered, That the secretary notify the House of Representatives 
thereof. [Senate Journal, Thirtv-fourt^ Congress, Third Session, pp. 
148, 157, 160, 189, 190, 191, 196, 197.] 

Nineteenth Term, 1861 to 1865. 

Whole number of States, 33. 

Electoral Vote. —Whole number of electors, 303., For President, 
Abraham Lincoln, 180; John C. Breckinridge, 72; John Bell, 39; 
Stephen A. Douglass, 12. 

For Vice-President, Hannibal Hamlin, 180; Joseph Lane, 72; Edward 
Everett, 39; H. V. Johnson, 12. 

Popular Vote .—Abraham Lincoln, 1,857,610; S. A. Douglass, 1,365,- 
976; Breckinridge, 847,953; Bell, 590,601. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal, Thirty-sixth Congress, Second Session, 
pp. 174, 178, 187, 225.—February 1, 1861.—Mr. Trumbull submitted the 
following resolution for consideration : 

Resolved, That a committee be appointed by the President of the Senate, 
to consist of three members, to join such committee as may be appointed 
by the House of Representatives, to ascertain and report a mode for ex¬ 
amining the votes for President and Vice-President of the United States,. 
and notify the persons chosen of their election. 

February 2, 1861.—The Senate proceeded to consider the resolution ; 
and 

The resolution was agreed to. 

The Vice-President appointed Mr. Trumbull, Mr. Foote, and Mr. 
Latham the committee on the part of the Senate. 

Ordered, That the secretary notify the House of Representatives 
thereof. 

February 4, 1861.—House of Representatives concurs. 

February 5, 1861.—Mr. Trumbull, from the joint committee, reported 
in part the following resolution, which was considered by unanimous 
consent and agreed to : 

Resolved, That the two houses will assemble in the chamber of the 
House of Representatives on Wednesday, the 13th day of February, 
1861, at 12 o’clock, and the president of the Senate shall be the presiding 
officer ; that one person be appointed a teller on the part of the Senate, 
and two on the part of the House of Representatives, to make a list of 
votes as they shall be declared ; that the result shall be delivered to the 
President of the Senate, who shall announce the state of the vote and 
the persons elected to the two houses assembled as aforesaid, which shall 
be deemed a declaration of the persons elected President and Vice-Presi¬ 
dent of the United States, and, together with a list of the votes, be en¬ 
tered on the journals of the two houses. 

On motion by Mr. Trumbull, 

Ordered, That the teller on the part of the Senate be appointed by the 
Vice-President; and 

The Vice-President appointed Mr. Trumbull. 


THE electors’ MANUAL. 


59 


Ch'dered^ That the secretary notify the House of Representatives thereof. 

February 13, 1861.—Mr. Trumbull, from the joint committee, reported 
the followinj; resolution : 

Refiolved, That a committee of one member of the Senate be appointed 
by that body, to Join a committee of two members of the House of Rep¬ 
resentatives, to be appointed by that house, to wait on Abraham Lincoln, 
of Illinois, and to notify him that he has been duly elected President of 
the United States for four years, commencing with the 4th day of March, 
1861; and also to notify Hannibal Hamlin, of the State of Maine, that 
he has been dul}' elected Vice-President of the United States for four 
years, commencing with the 4th day of March, 1861. 

The Senate proceeded to consider the said resolution, by unanimous 
consent; and 

The resolution was agreed to. 

Ordered^ That the Vice-President appoint the committee on the part 
of the Senate ; and 

Mr. Trumbull was appointed. 

Ordered^ That the secretary request the concurrence of the House of 
Representatives in the said resolution. 

Twentieth Term, 1865 to 1869. 

States participating in the election, 25. 

• Electoral Vote. — Whole number of electors, 233. For President, Abra¬ 
ham Lincoln, 212; George B. McClellan, 21. 

For Vice-President, Andrew Johnson, 212; George H. Pendleton, 21. 

Popular Vote. —For President, Lincoln, 2,223,035; McClellan, 1,811,- 
754. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal.^ Thirty-eighth Congress., Second Session, 
pp. 105, 112, 139, 150.—January 27, 1865.—Mr. Trumbull submitted the 
following resolution, which was considered, by unanimous consent, and 
agreed to: 

Resolved, That a committee, consisting of three members, be ap¬ 
pointed by the President of the Senate, to join such committee as may 
be appointed by the House of Representatives, to ascertain and report a 
mode of examining the votes for President and Vice-President of the 
United States, and notifying the persons chosen of their election. 

The Vice-President appointed Mr. Trumbull, Mr. Conness, and Mr. 
Wright the committee on the part of the Senate. 

Ordered., That the secretary request the concurrence of the House of 
Representatives in the foregoing resolution. 

January 30, 1865.—The House of Representatives concurs in the fore¬ 
going resolution. 

February 6, 1865.—Mr. Trumbull, from the joint committee, submitted 
as a report, in part, the following re.solution ; which was considered, by 
unanimous consent, and agreed to : 

Resolved, By the Senate (the House of Representatives concurring 
therein). That the following be added to the joint rules of the two 
houses, namely: 


60 


THE electors’ manual. 


The two Houses shall assemble in the hall of the House of Repre¬ 
sentatives, at the hour of one o’clock P.M., on the second Wednesday in 
February next succeeding the meeting of the electors of President and 
Vice-President of the United States, and the President of the Senate 
shall he their presiding otBcer. One teller shall he appointed on the part 
of the Senate, and two on the part of the House of Representatives, to 
whom shall be handed, as they are opened by the President of the Senate, 
the certificates of the electoral votes; and said tellers having read the 
same in the presence and hearing of the two houses then assembled, shall 
make a list of the votes as they shall appear from the said certificates; 
and the votes having been counted, the result of the same shall be deliv¬ 
ered to the President of the Senate, who shall thereupon announce the 
state of the vote and the names of the persons, if any, elected ; which 
announcement shall he deemed a sufficient declaration of the persons 
elected President and Vice-President of the United States, and, together 
with the list of the votes, he entered on the journals of the two houses. 

If upon the reading of any such certificate by the tellers, any question 
shall arise in regard to counting the votes therein certified, the same 
having been stated by the presiding officer, the Senate shall thereupon 
withdraw, and said question shall be submitted to that body for its de¬ 
cision ; and the Speaker of the House of Representatives shall in like 
manner submit said question to the House of Representatives for its de¬ 
cision ; and no question shall be decided affirmatively, and no vote objected 
to shall bo counted, except by the concurrent votes of the two houses, 
which being obtained, the two houses shall immediately reassemble, and 
the presiding officer shall then announce the decision of the question 
submitted ; and upon any such question there shall he no debate in either 
house. And any other question pertinent to the object for which the 
two houses are assembled may be submitted and determined in like 
manner. 

At such joint meeting of the two houses seats shall be provided as 
follows: for the President of the Senate, the Speaker’s chair; for the 
Speaker, a chair immediately upon his left; for Senators, in the body of 
the hall upon the right of the presiding officer ; for the representatives, 
in the body of the hall not occupied by the senators ; for the tellers, 
secretary of the Senate, and clerk of the House of Representatives, at 
the clerk’s desk ; for the other officers of the two houses, in front of the 
clerk’s desk, and upon either side of the Speaker’s platform. 

Such joint meeting shall not be dissolved until the electoral votes are 
all counted and the result declared, and no recess shall be taken unless a 
question shall have arisen in regard to the counting of any such votes, 
in which case it shall he competent for either house, acting separately in 
the manner hereinbefore provided, to direct a recess not beyond the next 
day, at the hour of one o’clock p.m. 

Ordered^ That the secretary request the concurrence of the House of 
Representatives in the foregoing resolution. 

February 7, 1865.—The House of Representatives concurs. 

February 8, 1865.—After the counting of the votes had been com¬ 
pleted, and the Senate returned to their chamber, Mr. Trumbull, from 
the joint committee, ofl'ercd the following resolution : 


THE electors’ MANUAL. 


61 


Resolved^ That a committee of one member of the Senate be appointed 
by that body, to join a committee of two members of the House of Repre¬ 
sentatives, to be appointed by that house, to wait on Abraham Lincoln, 
of Illinois, and to notify him that he has been duly re-elected President of 
the United States for four years, commencing with the 4th day of March, 
1865 ; and also to notify Andrew Johnson, of Tennessee, that he has been 
duly elected Vice-President of the United States for four years, com¬ 
mencing with the 4th day of March, 1865. 

Ordered^ That the committee on the part of the Senate be appointed 
by the Vice-President; and 

The Vice-President appointed Mr. Trumbull. 

Ordered, That the secretary request the concurrence of the House of 
Representatives in this resolution. [Senate Journal, Thirty-eighth 
Congress, Second Session, pp. 105, 112, 139, 150.] 

Twenty-first Term, 1869 to 1873. 

Whole number of Siatee voting, 34. 

Electoral Vote. —Whole number of electors, 294. For President, 
Ulysses S. Grant, 214; Horatio Seymour, 80. 

F(»r Vice-President, Schuyler Colfax, 214; Blair, 80. 

Popular Vote. —For President, Grant, 3,021,020; Seymour, 2,716,475. 

Action of the Senate and House of Representatives. 

Extracts from Senate Journal, Fortieth Congress, Third Session, pp. 99, 
202, 204, 209, 210, 219, 220, 224, 225, 235, 236, 237, 238, 239, 240, 241, 
246.—February 6, 1869.—Mr. Edmunds submitted the following resolu¬ 
tion : 

Whereas, The question whether the State of Georgia has become, and 
is, entitled to representation in the two Houses of Congress is now pend¬ 
ing and undetermined ; and whereas, by the joint resolution of Congress 
pa.ssed July 20, 1868, entitled “ A resolution excluding from the electoral 
college votes of States lately in rebellion, which shall not have been re¬ 
organized,” it was provided that no electoral votes from any of the 
States lately in rebellion should be received or counted for President or 
Vice-President of the United States until, among other things, such 
State should have become entitled to representation in Congress pursuant 
to acts of Congress in that behalf: therefore. 

Resolved, By the Senate (the Houseof Representatives concurring). That 
on the assembling of the two houses on the second Wednesday of Feb¬ 
ruary, 1869, for the counting of the electoral votes for President and 
Vice-President, as provided by law and the joint rules, if the counting 
or omitting to count the electoral votes, if any, which may be presented 
as of the State of Georgia shall not essentially change the result, in that 
case they shall be reported by the President of the Senate in the follow¬ 
ing manner: Were the votes presented as of the State of Georgia to be 

counted, the result would be, for-for President of the United States, 

-votes ; if not counted, for-for President of the United States, 

-votes ; but in either case,-is elected President of the United 

States ; and in the same manner for Vice-President. 






62 


THE electors’ MANUAL. 


February 8, 1869.—The Senate resumed the consideration of the above 
resolution ; and, on the question to agree to the resolution, 

It was determined in the affirmative—yeas 34, nays 11. 

So the resolution was agreed to, as follows : 

Whereas^ The question whether the State of Georgia has become, and is, 
entitled to representation in the two houses of Congress is now pending 
and undetermined; and whereas, by the joint resolution of Congress 
passed July 20, 1868, entitled “ A resolution excluding from the electoral 
college votes of States lately in rebellion, which shall not have been re¬ 
organized,” it was provided that no electoral votes from any of the 
States lately in rebellion should be received or counted for President or 
Vice-President of the United States until, among other things, such 
State should have become entitled to representation in Congress pursuant 
to acts of Congress in that behalf: Therefore, 

Resolved^ By the Senate (the House of llepresentatives concurring), That 
on the assembling of the two houses on the second Wednesday of Feb¬ 
ruary, 1869, for the counting of the electoral votes for President and 
Vice-President, as provided by law and the joint rules, if the counting 
or omitting to count the electoral votes, if any, which may be presented 
as of the State of Georgia shall not essentially change the result, in that 
case they shall be reported by the President of the Senate in the follow¬ 
ing manner: Were the votes presented as of the State of Georgia to be 

counted, the result would be, for-for President of the United States, 

-votes; if not counted, for-for President of the United States, 

votes; but in either case,-is elected President of the United States; 

and in the same manner for Vice-President. 

Ordered^ That the secretary request the concurrence of the House of 
Representatives therein. 

February 9, 1869.—The House of Representatives concurs. 

January 13, 1869.—Mr. Conkling submitted the following resolution ; 
which was considered, by unanimous consent, and agreed to: 

Resoloed, That the President of the Senate be authorized to appoint the 
teller on the part of the Senate, provided for in the twenty-second joint 
rule of the two houses, to receive and count the votes for President and 
Vice-President. 

February 5, 1869.—The presidentappointed Mr. Conkling 
the teller on the part of the Senate to count the electoral votes for Presi¬ 
dent and Vice-President of the United States. 

February 10, 1869.—At the joint meeting of the two houses, objection 
being made by a member of the House to the counting of the votes of 
the State of Louisiana, the Senate returned to their chamber for the pur¬ 
pose of considering the same, and after discussion adopted the following 
resolution : 

Resoloed, That the votes of the State of Louisiana for President and 
Vice-President be counted. 

Ordered, That the secretary inform the House of Representatives of 
the decision of the Senate on the objection raised to the counting of the 
electoral vote of the State of Louisiana for President and Vice-President 
of the United States. 






THE electors’ MANUAL. 


63 


A message from the House of Kepresentatives, by Mr. McPherson, its 
clerk : 

Mr. President: I am directed to inform the Senate that the House of 
Representatives, upon the objection made in joint convention of the two 
houses, against counting the vote of the State of Louisiana for President 
and Vice-President of the United States, has voted in favor of counting 
the votes. 

Whereupon, 

The Senate returned to the House of Representatives, and the presi¬ 
dent having announced to the two houses the decision of the Senate on 
the objection to counting the vote of the State of Louisiana, the opening, 
reading, and counting of the certificates of the electors of the several 
States for President and Vice-President were resumed; and 

The certificates of all the States, except the State of Georgia, having 
been read by the tellers, 

The President of the Senate opened and delivered to the tellers the 
certificate of the electors of the said State of Georgia; which having 
been read, 

Objection was made to the counting of the votes of the electors of the 
State of Georgia by a member of the House of Representatives, giving 
his reasons therefor. 

The Senate withdrew to its chamber for the purpose of considering 
the same, and the objections having been read by the secretary, after 
discussion the following resolution was adopted : yeas, 31; nays, 26. 

Resolved^ That, under the special order of the two houses respecting 
the electoral vote from the State of Georgia, the objections made to the 
counting of the votes of the electors for the State of Georgia are not in 
order. 

The President of the Senate then directed the secretary to communi¬ 
cate to the House of Representatives the decision of the Senate on the 
objections to counting the electoral vote of the State of Georgia. 

Whereupon, 

The Senate returned to the House of Representatives, and the Presi¬ 
dent of the Senate having announced to the two houses the decision of 
the Senate upon the objections raised to counting the electoral vote of 
the State of Georgia, directed the tellers to report the state of the vote 
for PresieWht and Vice-President. 

Whereupon, 

The tellers delivered to the President of the Senate a list of the votes. 

The President of the Senate having announced that the business for 
which the two houses had assembled was completed, 

The Senate returned to its chamber. 

Mr. Morton submitted the following resolution ; which was considered, 
by unanimous consent, and agreed to : 

Resolved, That a committee of one member of the Senate be appointed 
by this body, to join a committee of two members of the House of Repre¬ 
sentatives, to be appointed by that house, to wait on Ulysses S. Grant, of 
Illinois, and to notify him that he has been duly elected President of the 
United States for four years, commencing on the 4th of March, 1869; 
and also to notify Schuyler Colfax, of Indiana, that he has been duly 


64 


THE electors’ MANUAL. 


elected Vice-President of the United States for four years, commencing 
on the 4th of March, 1869. 

Ordered^ That the committee on the part of the Senate be appointed 
by the president joro tempore; and 

The president tempore appointed Mr. Morton. 

Ordered^ That the secretary request the concurrence of the House of 
Kopresentatives in the foregoing resolution. [Senate Journal, Fortieth 
Congress, Third Session, pp. 99, *202, 204, 209, 210, 219, 220, 224, 225, 235, 
236,'237, 238, 239, 240, 241, 246 ] 

Twenty-second Term, 1873 to 1877. 

Whole number of States, 37. 

Electoral Vote. —AVhole number of electors, 366. For President, 
Ulysses S. Grant, 286; B. Gratz Brown, 18; Thomas A. Hendricks, 42; 
Charles J. Jenkins, 2; David Davis, 1. For Vice-President, Henry 
Wilson, 286 ; B. Gratz Brown, 47; I^athaniel P. Banks, 1; George W. 
Julian, 5; Alfred H. Colquitt, 5; John M. Palmer, 3; Thomas E. Bram- 
lette, 3 ; William S. Groesbeck, 1 ; Willis B. Machen, 1. The three votes 
of Georgia for Horace Greeley, of New York, for President, were ex¬ 
cluded. The electoral votes of Louisiana and Arkansas were not counted. 

The following extracts from the debates and proceedings of the Third 
Session of the Forty-second Congress will illustrate the method of count¬ 
ing the vote under the twenty-second joint rule of the two houses : 

House of Representatives, February \2th, 1873. 

Counting of Electoral Vote. 

Mr. Dawes. I offer the following resolution : 

Resolved, That the clerk inform the Senate that this House is now 
ready to receive that body, for the purpose of proceeding to open and 
count the voles of the electors of the several States for President and 
Vice-President of the United States. 

Mr. Bingham. Is not the hour fixed by the rule at one o’clock ? 

Mr. Dawes. The hour at which the proceedings should commence is 
fixed by the rule. But it will take a little time to make the preliminary 
arrangements. 

The resolution was adopted. 

Mr. Dawes moved to reconsider the vote by which the resolution was 
adopted, and also moved that the motion to reconsider be laid on the 
table. 

The latter motion was agreed to. 

********* 

At one o’clock p.m. the doorkeeper announced the Senate of the United 
States. 

The Senate entered the hall, preceded by its sergeant-at-arms and 
headed by the Vice-President and the secretary of the Senate, the mem¬ 
bers and ofiBcers of the House rising to receive them. The Senators took 
the seats set apart for them in the eastern section of the hall. 

The Vice-President took his seat as presiding officer of the joint con- 


THE electors’ manual. 


65 


vention of the two houses, the Speaker occupying a chair on the left of 
the Vice-President. 

Senator Sherman, of Ohio, the teller appointed on the part of the 
Senate, and Messrs. Dawes, of Massachusetts, and Beck, of Kentucky, 
the two tellers appointed on the part of the House, took their seats at 
the clerk’s desk, at which the secretary of the Senate and clerk of the 
House also occupied seats. 

The Vice-President. The Senate and House of Representatives hav¬ 
ing met under the provisions of the Constitution for the purpose of 
opening, determining, and declaring the votes cast for President and 
Vice-President of the United States for the term of four years, com¬ 
mencing on the fourth of March next, and it being my duty, in the pres¬ 
ence of both houses thus convened, to open the votes, I now proceed to 
discharge that duty. 

The Vice-President then proceeded to open and hand to the tellers the 
votes of the several States for President and Vice-President of the 
United States, commencing with the State of Maine. 

Senator Sherman (one of the tellers) read in full the certificate of the 
vote of the State of Maine, giving seven votes for Ulysses S. Grant, of 
Illinois, for President of the United States, and seven votes for Henry 
Wilson, of Massachusetts, for Vice-President of the United States. 

Senator Trumbull. I think the Governor’s certificate should be read 
as the evidence of the election of the eleetors. 

The Vice-President. The tellers will report the certificate. 

Senator Sherman (as one of the tellers) read the certificate of the 
Governor of Maine. 

Senator Trumbull. I would inquire if that certificate bears the signa¬ 
ture of the Executive of the State of Maine? 

Senator Sherman. The signature of Sydney Perham, as Governor, is 
in the centre of the paper, under the great seal of the State. 

Senator Trumbull. It is not material where it is, if the signature of 
the Executive is there. 

The Vice-President. The chair will state that upon several occasions 
of the counting of the electoral vote, after the first certificate had been 
read in full, the reading in full of the subsequent certificates has been 
dispensed with by general consent, unless some Senator or Representative 
in a particular case called for the reading of the entire certificate. If no 
person objects, therefore, the tellers will report the material part of the 
subsequent certificates, subject, however, to the demand of any Senator 
or Representative that the document shall be read in full. 

Senator Trumbull. I desire that the certificate of the Executive to 
the election of the electors should be once read in each case. I wish to 
take up no unnecessary time, but I think it important, as some question 
may possibly arise on that subject, that the certificate of the Executive 
should be read. 

The Vice-President. That point will be regarded as made, and the 
tellers will take notice of it accordingly. 

Mr. Dawes (one of the tellers) read the certificate of the Governor of 
New Hampshire as to the election of electors of President and Vice- 


66 


THE electors’ MANUAL. 


President of the United States, and announced the electoral votes of the 
State for those two othcers. 

Senator Hamlin. 1 beg to suggest to the Senator from Illinois [Mr. 
Trumbull] whether it will not answer his ymrpose entirely if the tellers 
should announce the fact that the certificates of election of electors are 
signed by the Grovernor and countersigned by the Secretary of State? 
That method of proceeding will be an economy of time, and at the same 
time it will reach the result which the Senator wishes to accomplish. 

Senator Trumbull. Mr. President, it will be entirely satisfactory to 
me if the tellers will examine the papers in each case and see whether 
the proper certificates of the Executive of the State accompanies the list 
of votes, and will announce that fact with reference to each certificate. 
Where there is any variation they will, of course, bring it to the notice 
of the joint convention. It should he understood, of course, that the 
reading of the certificate in full may be demanded in any case. 

The Vice-President. If there be no objection the tellers will merely 
state the fact in regard to the attestation of the Governor, subject to a 
demand by any Senator or Representative for the reading of the certifi¬ 
cate in full. 

• The tellers proeeeded to announce the electoral votes of the several 
States, it being mentioned in each case that the eertificate of the election 
of the electors was signed by the Governor and countersigned by the 
Secretary of State. When the State of Georgia was reached, 

Mr. Beck, of Kentucky (one of the tellers), announced the electoral 
vote for President as follows : 

B. Gratz Brown, of Missouri, six votes; Horace Greeley, of Kew 
York, three votes; Charles J. Jenkins, of Georgia, two votes. 

The vote for Vice-President was announced, as follows: 

B. Gratz Brown, of Missouri, five votes; Alfred H. Colquitt, of 
Georgia, five votes ; Nathaniel P. Banks, of Massachusetts, one vote. 
[Laughter.] 

Mr. Hoar. I desire to make the point that the three votes reported 
by the tellers as having been cast for Horace Greeley, of New York, 
cannot be counted, because the person for whom they purport to have 
been cast was dead at the time of the assembling of the electors in that 
State. 

The Vice-President. The gentleman from Massachusetts [Mr. Hoar] 
having made the point which has been stated by him, the chair will read 
from the twenty-second joint rule of the two houses: 

“If, upon the reading of any such certificate by the tellers, any ques¬ 
tion shall arise in regard to counting the votes therein certified, the same 
having been stated by the presiding officer, the Senate shall thereupon 
withdraw, and said question shall be submitted to that body for its deci¬ 
sion ; and the Si^eaker of the House of Representatives shall in like 
manner submit said question to the House of Representatives for its 
decision; and no question shall be decided affirmatively, and no vote 
objected to shall ho counted, except by the concurrent votes of the two 
houses, which being obtained, the two houses shall immediately reas¬ 
semble, and the presiding officer shall then announce the decision of the 
question submitted; and upon any such question there shall be no debate 


67 


THE electors’ MANUAL. 

in either house. And any other question pertinent to the object for 
which the two houses are assembled may be submitted and determined 
in like manner.” 

On previous occasions, since this rule has been in operation, it has 
been required that an objection to the counting of any vote should be in 
writins^, so that it might be submitted to both houses for their decision 
in their separate chambers. The gentleman from Massachusetts will 
submit his point in writing, and the chair will have it stated from the 
clerk’s desk. 

Senator Conkling. While the gentleman from Massachusetts is re¬ 
ducing his point to writing, I suggest to the chair that either by the point 
being withheld for the present (this particular return being laid aside), 
or otherwise, we can avoid the necessity of separating at this moment. 
Gentlemen know that a separation, to deliberate upon another point or 
two, is quite likely to occur; and I suggest that if this question can be 
passed over in one form or another for the moment, we can complete the 
reading of all the returns upon which there is no question ; and then 
upon the two or three questions which may remain for decision, one 
single separation of the joint convention and one coming together will 
suffice. 

The Vice-President. If there is no objection, the gentleman from 
Massachusetts will be understood as reserving the point which he has 
made, to be presented at the close of the counting, or whenever the two 
houses may be required under the rule to meet in their respective cham¬ 
bers. Will that suit the gentleman from Massachusetts? 

Mr. Hoar. I have no objection. 

The Vice-President. It will be understood as so reserved. 

The tellers resumed the reading of the certificates. When the vote of 
the State of Mississippi was announced, 

]\[r. Senator Sherman (one of the tellers) said: As the form in this 
case is somewhat different from the others, I will read the certificate of 
the Governor: 

“On this Wednesday, the 4th day of December, 1872, at the city of 
Jackson, in the State of Mississippi, the electors thereof assembled for 
the purpose of voting for President and Vice-President of the United 
States ; and they accordingly voted with the following result, to wit: 

“For President of the United States, Ulysses S. Grant, of Illinois, 
t eight votes. 

“For Vice-President of the United States, Henry Wilson, of Massa- 
I chusetts, eight votes.” 

The tellers call attention to the fact that the electors do not certify 
that they voted by ballot. 

Senator Trumbull. I observed that. I think this is a question of 
1 sufficient importance to receive the consideration of the two houses. I 
I object to the vote of Mississippi being counted, for the reason that it does 
not appear that the electors voted by ballot. I will reduce the objection 
I to writing, and let it lie until the two houses separate upon other ques- 
i tions, if it be agreeable to the convention. 

The Vice-President. The Senator from Illinois [Mr. Trumbull] ob- 
! jects to counting the vote of the electors of the State of Mississippi, on 


68 


THE electors’ manual. 


the ground there is no certificate that they voted by ballot, but for the 
present he reserves that point. 

Senator Trumbull. At the suggestion of a Senator, who thinks it 
would be a bad precedent when an objection is raised to pass it over and 
go through with a vote in a matter of such grave importance as this, I 
will present the question now. 

Senator Sherman (one of the tellers). The tellers direct me to read 
another paper from the State of Mississippi. 

Senator Trumbull. If there are any other papers, I should like to 
hear them all read. 

Senator Sherman (one of the tellers), then read a certificate, stating 
that the electors of the State of Mississippi had assembled for the purpose 
of giving their votes for President and Vice-President of the United 
States, and that A. T. Morgan, one of the electors, not being present, 
they had duly appointed J. J. Spellman to fill said vacancy, under the 
revised code of the State of Mississippi of 1871, to which was appended 
the great seal of the State of Mississippi, and the signature of James 
Lynch, Secretary of State of Mississippi. 

The Vice-President. If the gentleman from IMassachusetts has re¬ 
duced to writing the point which he made, it will be now presented to 
the convention. 

Mr. Hoar. I have reduced it to writing, and will send it up to the 
clerk’s desk. 

The Vice-President. Under the twenty-second joint rule the presiding 
officer now submits to the Senate and House of Representatives jn joint 
convention the objection of the gentleman from Massachusetts [Mr. 
Hoar]. It will be reported. 

The secretary of the Senate read as follows: 

“ Mr. Hoar objects, the votes reported by the tellers as having been 
cast by the electors of the State of Georgia for Horace Greeley, of New 
York, cannot legally be counted, because said Horace Greeley, for whom 
they appear to have been cast, was dead at the time said electors assem¬ 
bled to cast their votes and was not a person within the meaning of the 
Constitution, this being a historical fact of which the two houses may 
take notice.” 

The Vice-President. Two copies will be made of this objection, one 
for the Senate, and one for the House of Representatives, to be submitted 
to each house after the Senate repairs to its chamber. 

The Senator from Illinois [Mr. Trumbull] makes the fcdlowing point, 
which the presiding officer now submits to the two bodies in joint con¬ 
vention. 

The secretary of the Senate read as follows: 

“Mr. Trumbull objects to counting the votes cast for President and 
Vice-President by the electors in the'State of Mississippi, for the reason 
it does not appear from the certificate of said electors that they voted bv 
ballot.” 

Senator Trumbull. I should like to have read again the certificate of 
the Governor of Mississippi, both the original and supplemental papers. 

The Vice-President. That will be done. 

Senator Trumbull. It is suggested by my colleague, it would be well. 


THE electors’ MANUAL. 


69 


ns these papers cannot be before both houses when we separate, that for 
the information of both houses the papers be read in full at this time. 

The Vice-President. The chair will state in this case, as in all other 
cases, there are two copies in possession of the presiding officer, one sent 
by mail, and one brought by messenger. In this case they appear to be 
the same. 

The papers were again read. 

The Vice-PresidenL The presiding officer will state that in the dupli¬ 
cate copies sent by messenger the Governor’s certificate does not aj»pear 
to have been included ; hut the substantial point made by the senator 
from Illinois [Mr. Trumbull] lies against both papers, that they do not 
state the electors voted by ballot. 

Mr. Potter. Mr. President, I desire to inquire, because we could not 
understand here as reported by the tellers, whether the supplemental 
certificate, as I may call it, from the State of Mississippi, in respect of 
the elector elected to supply and take the place of the elector who is 
absent, is signed by the Governor or not ? 

The Vice-President. It is signed by the Secretary of State only. 

Mr. Potter. Then, Mr. President, I desire to object to one vote of 
the State of Mississippi, because the certificate declaring that J. J . Spell¬ 
man was appointed an elector in the stead of A, T. Morgan, absent, by 
the electoral college of that State, in accordance with the laws of that 
State, is not .signed by the Governor of that State. 

The Vice-President. It has been suggested that perhaps it may not be 
exactly correct, under the Constitution, for the President of the Senate, 
to leave in possession of the house any official document in his possession 
pertaining to the electoral vote. But as the tellers have reported in 
every instance that, besides the document which was* delivered to the 
Vice-President by messenger, a duplicate came by mail, unless there is 
objection the chair will leave in the possession of the House of Bepresen- 
tatives, for reference and consultation by its members, the document 
which was transmitted to him by mail, retaining in his official possession 
the document which was transmitted by messenger. The gentleman from 
New York [Mr. Potter] desires to modify his objection. 

Mr. Potter. At the suggestion of a member of the house who has 
seen the certificate of the State of Mississippi to which I have referred, 
I ask leave to make an addition to the objection I have offered. 

The Vice-President. The objection of the gentleman from New York 
[Mr. Potter] will be read as modified: 

The clerk read as follows : 

“ Mr. Potter objects to one vote of the State of Mississippi, because 
the certificate declaring that J. J. Spellman was a[)pointed an elector in 
the stead of A. T. Morgan, absent, by the electoral college of that State, 
in accordance with the laws of that State, is not signed by the Governor 
of that State. 

“ And, further, that the certificate of the Secretary of State read, does 
not certify anything of his own knowledge, but only states he has been 
so notified as he certifies.” 

The Vice-President. Three questions having arisen in regard to the 


70 


THE electors’ MANUAL. 


counting of the votes for President and Vice-President, the Senate wiU 
now withdraw to their chamber. 

The Senate accordingly retired. 

********* 
Message from the Senate. 

A message from the Senate, by Mr. Sympson, one of its clerks, in¬ 
formed the House that the Senate "had passed the following resolutions : 

Resolved, That the electoral votes of Georgia cast for Horace Greeley 
be counted. 

Reaolved, That the vote cast by James J. Spellman, one of the electors 
for the State of Mississippi, be counted. 

Resolved^ That the electoral vote of the State of Mississippi be counted. 

The message further announced that the Senate is ready again to meet 
the House, that the counting of the electoral votes may be proceeded 
with. 

Counting of Electoral Votes. 

JNfr. Dawes. I otfer the following resolution : 

Resolved, That a message be sent to the Senate, to inform that body 
that the House is ready to receive the Senate, to proceed again with the 
counting of the electoral votes. 

The resolution was agreed to. 

Mr. Dawes moved to reconsider the vote by which the resolution was 
adopted; and also moved that the motion to reconsider be laid on the 
table. 

The latter motion was agreed to. 

At three o’clock and thirty-five minutes p.m. the Senate in a body re¬ 
entered the hall. 

The Vice-President (having resumed the chair). The chair will read 
a part of the twenty-second rule: 

“ And no question shall be decided affirmativel}^, and no vote objected 
to shall be counted, except by the concurrent votes of the two houses; 
which being obtained, the two houses shall immediately reassemble, and 
the presiding officer shall then announce the decision of the question 
submitted.” 

Upon the first point raised by the Kepresentative from Massachusetts 
(Mr. Hoar) the Senate decided as follows: 

Resolved, That the electoral votes of Georgia, cast for Horace Greeley, 
be counted. 

The House of Representatives decided as follows: 

Resolved, That the votes reported by the tellers as having been cast by 
the electors of the State of Georgia for Horace Greeley, of New York, as 
President of the United States, ought not to be counted, the said Horace 
Greeley having died before said votes were cast. 

Upon this question there is a non-concurrence of the two houses. 

On the question submitted by the Senator from Illinois (Mr. Trumbull) 


THE electors’ MANUAL. 


71 


in regard to the votes of the State of Mississippi, the Senate adopted the 
following resolution : 

Resolved, That the electoral vote of the State of Mississippi be counted. 

And the House of Representatives adopted the following resolution : 

Resolved, That in the judgment of this House the eight votes reported 
by the tellers as cast by the electors in and for the State of Mississippi 
ought to be counted as reported by them. 

On this question the votes of the two houses are concurrent. 

On the third point raised by the Representative from New York (Mr. 
Potter), which was in regard to the election of one elector from Missis¬ 
sippi, the Senate adopted the following resolution, which is covered also 
by its action on the full vote of the State: 

Resolved, That the vote cast by James J. Spellman, one of the electors 
for the State of Mississippi, be counted. 

The House of Representatives adopted the following resolution : 

Resolved, That the electors of the State of Mississippi having been ap¬ 
pointed in the manner directed by the legislature of that State, and in 
accordance with the provisions of the Constitution of the United States, 
were legally elected, and that the vote of the State as cast by them should 
be counted, and that the certificate of the Governor of that State of the 
electoral vote cast, and the certificate of the Secretary of State of that 
State in regard to the choice of electors, is in compliance with the Con¬ 
stitution and laws of the United States. 

Therefore, by the twenty-second joint rule, there being a non-concur¬ 
rence between the two houses upon the three votes cast in the State of 
Georgia for Horace Greeley, for President of the United States, they 
cannot be counted. And in accordance with the same joint rule, the 
votes of the State of Mississippi will be counted. The tellers resumed 
the counting of the votes. 

********* 

Senator West. I object to the reception by the Senate and House of 
Representatives of the electoral vote of Louisiana as certified to by the 
Governor of that State, upon the ground that said certificate was not 
made in pursuance of law. 

Mr. Sheldon. I also object to the counting of the votes cast by T. C. 
Manning, C. H. Weed, A. S. Herron, Hugh J. Campbell, L. Bush, A. 
Thomas, J. C. Moncure, and L. V. Reeves, of Louisiana, for B. Gratz 
Brown, of Missouri, for Vice-President, for the reason that the certifi¬ 
cate of the Governor showing them to have been chosen electors is not 
signed by the person who was at that time Assistant Secretary of State 
for the State of Louisiana, and for the further reason that at the time 
said certificate was executed there had not been made any count, canvass, 
or return of the votes cast by the people of Louisiana forelectors by any 
lawful authority, and the said certificate was made by the Governor with¬ 
out any authentic knowledge of the result of the election by the people 
of said State, which facts are fully established by the testimony taken by 
the Senate Committee on Privileges and Elections, and are stated in their 
report to the Senate. 



72 


THE electors’ MANUAL. 


Senator Carpenter. I object to the counting of the votes given for 
U. S. Grant for President and Henry Wilson, Vice-President, by the 
electors of Louisiana, because there is no proper return of votes cast by 
the electors of the State of Louisiana, and because there is no State gov¬ 
ernment in said State which is republican in form, and because no can¬ 
vass or counting of the votes cast for electors in the State of Louisiana 
at the election held in November last had been made prior to the meet¬ 
ing of the electors. 

Mr. Potter. I object to counting the electoral votes from the State 
of Louisiana as cast for Ulysses S. Grant for President and Henry Wilson 
for Vice-President, for the reason that there is no certificate from the 
executive authority of that State as required by the act of Congress of 
1792, certifying that the persons who cast such votes were appointed 
electors of said State, but that on the contrary it appears by the certifi¬ 
cate of the Governor of said State that the persons appointed electors 
were not the persons who cast such votes for U. S. Grant and Henry 
Wilson, but were persons who cast their votes not for said Grant and 
AVilson, but for no person as President, and for B. Gratz Brown as Vice- 
President. 

Mr. Stevenson. I object to counting the votes from the State of Louis¬ 
iana, because it does not sufficiently appear that the electors were elected 
according to law. 

Senator Boreman. I object to counting any votes from the State of 
Louisiana for reasons set forth in the report of the Committee on Privi¬ 
leges and Elections submitted to the Senate on the it)lh instant, and 
printed as Report No. 417 of Forty-second Congress, third session. 

Senator Trumbull. I object to the counting of the votes cast by the 
persons in the first certificate read, for the reason that their election is 
not certified to by the proper officers; that Bovee, who signed the cer¬ 
tificate of their election, was not Secretary of State at the time of making 
said certificate, nor in possession of the office of Secretary of State nor of 
the seal of said State; and for the further reason that the certificate of 
said Bovee is untrue in fact, as appears by the admissions of said Bovee 
before the committee of the Senate. 

The A^ice-President. There have been seven objections made in regard 
to receiving the votes of Louisiana, some of them against receiving"any 
vote from that State. The chair would suggest that in taking up these 
objections the two houses might act first upon those which lie to the 
counting of the vote of Louisiana at all. 

Objection was made. 

The Vice-President. Objection being made, each house will proceed 
to consider the objections made in such order as they may happen to be 
presented to that house. If no further objections be made to the vote 
of Louisiana, the seven that have been made will be filed, and copies 
furnished to the two branches of Congress. 

No further objections were made. 

Senator Rice. I object to the counting of the votes of the State of 
Arkansas, because the official returns in said State, made according to 
the laws of said State, show that the persons certified to by the Secretary 


THE electors’ MANUAL. 


73 


of State as elected, were not elected as electors for President and Vice- 
President at the election held November 5, 1872; and secondly, because 
the returns read by the tellers are not certified according to law. 

The Senate retired from the hall. 

The House was again called to order. 

********* 

At seven o’clock and forty-five minutes p.m. the Senate in a body re¬ 
entered the hall. 

The Vice-President having resumed the chair, said: The objection 
made by the Senator from Arkansas to the counting of the electoral vote 
of that State as declared by the tellers, having been considered by the 
two houses, the Senate has resolved as follows: 

Resolved, That the electoral vote of Arkansas should not be counted. 

And the House has resolved as follows: 

Resolved, That the electoral vote of the State of Arkansas, as reported 
by the tellers, be counted. 

There being a non-concurrence of the two houses on this question, the 
vote of Arkansas, in accordance with the provisions of the twenty-second 
joint rule, will not be counted. That rule provides that— 

“No question shall be decided affirmatively, and no vote objected to 
shall be counted, except by the concurrent votes of the two houses.” 

The several objections made on various grounds to the counting of the 
electoral votes from Louisiana having been considered by the two houses, 
the Senate has resolved as follows : 

Resolved, That all objections presented having been considered, no 
electoral vote purporting to be that of the State of Louisiana be counted. 

And the House has resolved as follows: 

Resolved, That, in the judgment of this house, none of the returns 
reported by the tellers as electoral votes of the State of Louisiana should 
be counted. 

On this question there is a concurrence of the houses ; and the electoral 
votes of Louisiana will not be counted. The tellers will now announce 
the result of the vote. 

Senator Sherman (one of the tellers) announced the result as follows: 


74 THE electors’ manual. 

List of Votes for President and Vice-President of the United 
States for the Constitutional Term to commence on the 4th of 
March, 1873. 


States. 

Number of Electoral votes. 


For 

President. 




For 

V ice-President. 



o 

•iS 

& 

cz . 

0 ’o 

o; 

cn 

O 

• 

OJ Ja! 

O 

'1' vP 

(D ^ 

u 

O 

HH 

<*-t 

O 

a 

p 

iw £ 

tc 

1 V, * 

a 

L. 

o 

ci 
^ P 

P'S 

p 

o 

,H 

o 

rA' 

P 

. o 

<v 

ci 

.£3 

o 

A 

•X 

o 

.2 

o 

oT 

*> 

s 

cJ 

p 

1 

rt 

Vh 

o A 

^ It; 

to 

£3 

Ol 

es 

O 

1 ^ b 
IP o 

tfi 

; n.22 

T 

PQ 

tT 

. 33 
PH'S 
— « 

33 ,5 
es^ 

w t— 
oi O 

o 

p 

a 

c 

to 

O 

0) 

o 

o 

■*S 

Sp 

O 

: . O 

K-( O' 

'P 

0) 

£ 

O 

Jh*' 

iS . 

. C3 *c 
jp-i 33 

a 

’o 

<1> 

<4^ 

a; 

'p 

CO W 

2 o 
o 

H 

CP 

<V 

2.2 

s ^ 

o 

^ . 

P >» 

, ^ ^ 

s 2 
“1 

Maine.__ ... 

7 

7 






7 









New Hampshire. 

5 

5 






5 









Vermont,. 

5 

5 






5 









INfassachusetts ... 

13 

13 






13 









Rhode Island. ... 

4 

4 






4 









Connecticut . 

3 

6 






6 









New York . 

35 

35 






S5 









New .Jersey . 

9 

9 






9 









Pen nsylvanfri. 

29 

29 






29 









Delaware . 

3 

3 






3 









Maryland . 

8 




8 




8 








Virginia . 

11 

11 






11 









North Carolina.. 

10 

10 






10 









South Carolina.. 

8 

7 






7 









Georgia* . 

11 



6 


9 



5 

1 


5 





Alal)aina . 

10 

10 






10 









Louisian af . 

8 
















Ohio. ...'... 

22 

22 






22 









Kentucky . 

12 



4 

8 

.... 



8 





3 


1 

Tennessee. 

12 



12 




12 







Indiana. 

15 

15 






15 









Illinois. 

21 

21 






21 









Missouri. 

15 



8 

6 


1 


6 


5 


3 


1 


Arkansasf. 

6 














.... 

Mississippi. 

8 

8 




.... 


8 









Michigan. 

11 

11 






11 









I'lorida. 

4 

4 

1 




4 









Texas. 

8 




8 




8 








Iowa. 

11 

11 






11 









Wisconsin. 

10 

10 






10 









California. 

6 

6 






6 









Minnesota. 

5 

5 






5 









Oregon. 

3 

3 






3 









Kansas. 

5 

5 






5 









West Virginia... 

5 

5 






5 









Nevada. 

3 

3 






3 









Nebraska. 

3 







3 











3 j 















Total. 

366 

286 

.... 

18 

42 

2 

1 

286 

47 

1 

5 

5 

3 

3 

1 

1 


* The three votes of Georgia for Horace Greeley, of New York, for President, were ex¬ 
cluded. 

t The electoral votes of Louisiana and Arkansas were not counted. 





























































































































































































THE electors’ MANUAL, 


75 


The Vice-President. The whole number of electors to N’ote for Presi¬ 
dent and Vice-President of the United States, as reported by the tellers, 
is 306, of which the majority is 184. Of these votes 349 have been 
counted for President and 352 for Vice-President of the United States. 
The result of the vote for President of the United States, as reported by 
the tellers, is, for Ulysses S. Grant, of Illinois, 280 votes; for B. Gratz 
Brown, of Missouri, 18 votes; for Thomas A. Hendricks, of Indiana, 42 
votes; for Charles J. Jenkins, of Geor;^ia, 2 votes ; and for David Davis, 
of Illinois, 1 vote. The result of the vote as reported by tellers for Vice- 
President of the United States is, for Henry Wilson, of Massachusetts, 
286 votes; for B. Gratz Brown, of Missouri, 47 votes; for Nathaniel P. 
Banks, of Massachusetts, 1 vote; for George W. Julian, of Indiana, 5 
votes; for Alfred H. Colquitt, of Georgia, 5 votes; for John M Palmer, 
of Illinois, 3 votes ; for Thomas E Bramlette, of Kentucky, 3 votes; for 
AVilliam S. Groesbeck, of Ohio, 1 vote ; and for Willis B. Machen, of Ken¬ 
tucky, 1 vote. 

Whereupon, I do declare that Ulysses S. Grant, of the State of Illi¬ 
nois, having received a majorit}' of the whole number of electoral votes, 
is duly elected President of the United States for four years, commenc¬ 
ing on the fourth day of March, 1873; and that Henry Wilson, of the 
State of Massachusetts, having received a majority of the whole number 
of electoral votes for Vice-President of the United States, is duly elected 
Vice-President of the United States for four years, commencing the 
fourth of March, 1873. 

The object for which the House and Senate have assembled in joint 
convention having been accomplished, the Senate will retire to its 
chamber. 

The Senate accordingly retired from the hall of the House of Kepre- 
sentatives. 

The Speaker then resumed the chair, and called the House to order. 

Action of the Forty-third and Forty-fourth Congre.ss upon 
THE Bill reported by Senator Morton for counting the 
Electoral Vote. 

Forty-third Congress, Second Session. 

1875, February 6.—Mr. Morton, from the Committee on Privileges and 
Elections, reported the following bill (S. 1251), which was passed to a 
second reading: 

In Senate. 

Be it enacted, etc.. That the two Houses of Congress shall assemble in 
the hall of the House of Representatives, at the hour of one o’clock, on 
the last day of January next succeeding the meeting of the electors of 
President and Vice-President of the United States, and the President of 
the Senate shall be their presiding officer; one teller shall be appointed 
on the part of the Senate, and two on the part of the House of Represen¬ 
tatives, to whom shall be handed, as they are opened by the President of 
the Senate, the certificates of the electoral votes ; and said tellers, having 
read the same in the presence and hearing of the two houses then assem- 


76 


THE electors’ MANUAL. 


bled, shall make a list of the votes as they shall appear from the said 
certificates ; and the votes having been counted, the result of the same 
shall be delivered to the President of the Senate, who shall thereupon 
announce the state of the vote, and the names of the persons, if any, 
elected, which announcement shall be deemed a sufficient declaration of 
the persons elected President and Vice-President of the United States, 
and, together with a list of the votes, be entered on the journals of the 
two houses. If, upon the reading of any such certificate by the tellers, 
any question shall arise in regard to counting the votes therein certified, 
the same having been stated by the presiding officer, the Senate shall 
thereupon withdraw, and said question shall be submitted to the body for 
its decision; and the Speaker of the House of Representatives shall, in 
like manner, submit said question to the House of Representatives for 
its decision ; and no electoral vote or votes from any State, to the count¬ 
ing of which objections have been made, shall be rejected except by the 
affirmative vote of the two houses. When the two houses have voted, 
they shall immediately reassemble, and the presiding officer shall then 
announce the decision of the question submitted. And any other ques¬ 
tion pertinent to the object for which the two houses are assembled may 
be submitted and determined in like manner. 

Sec. 2. That if more than one return shall he received by the President 
of the Senate from a State, purporting to be the certificates of electoral 
votes given at the last preceding election for President and Vice-President 
in such State, all such returns shall be opened by him in the presence of 
the houses when assembled to count the votes ; and that return from such 
State shall be counted which the two houses acting separately shall de¬ 
cide to be the true and valid return. 

Sec. 3. That when the two houses separate to decide upon an objection 
that may have been made to the counting of any electoral vote or votes 
from any State, or for the decision of any other question pertinent thereto, 
each senator and representative may speak to such objection or question 
ten minutes, and not oftener than once : Provided^ That after such debate 
has lasted two hours, it shall be in the power of a majority of each house 
to direct that the main question shall be put without further debate. 

Sec. 4. At such joint meeting of the two bouses, seats shall be pro¬ 
vided as follows : For the President of the Senate, the Speaker’s chair ; 
for the Speaker, immediately upon his left; the senators in the body of 
the hall upon the right of the presiding officer; for the representatives, 
in the body of the hall not provided for the senators; for the tellers, 
secretary of the Senate, and clerk of the House of Representatives, at the 
clerk’s desk; for the other officers of the two houses, in front of the 
clerk’s desk and upon each side of the Speaker’s platform. Such joint 
meeting shall not be dissolved until the electoral votes are all counted, 
and the result declared ; and no recess shall be taken unless a question 
shall have arisen in regard to counting any such votes, in which case it 
shall be competent for either house, acting separately, in the manner 
hereinbefore provided, to direct a recess not beyond the next day at the 
hour of ten o’clock in the forenoon. 

February 25.—Mr. Thurman moved to strike out “ one teller,” and 
insert “two tellers,’’ in section one; which was agreed to. And also to 


THE electors’ MANUAL. 77 

insert after the clause “electoral votes” in the first section, the follow¬ 
ing: : 

Which certificates shall he opened, presented, and acted upon in the 
alphabetical order of the names of the States, beginning with the letter A. 

Which was agreed to. 

Also to strike out the last sentence of section one ; which was agreed to. 

Also to strike out the words “ or for the decision of any other question 
pertinent thereto,” in section three; which was agreed to. 

Mr. Merrimon moved to strike out.of section one, the words, “ the two 
houses of Congress,” and insert “the Senate and House of Representa¬ 
tives;” which was agreed to. Also to amend in section one, hv insertitig 
after the words “ one o’clock,” the letters, “ p.m. ;” which was' agreed to. 

Mr. Wright moved to amend the bill in section two, after the word 
“return,” where it first occurs, in the hist clause, by inserting the word 
“only,” and after the word “ shall ” inserting “ each ;” so as to read: 
“ And that return only from such State shall be counted which the two 
houses, acting separately, shall each decide to be the true and valid re¬ 
turn ;” which was agreed to. 

Mr. Edmunds moved to amend by striking out all after the enacting 
clause and inserting the following : 

That within not more than ten and not less than three days next prior 
to the last Monday in January next following any election for President 
or Vice-President, the Senate shall appoint four senators and the House of 
Representatives shall appoint four members, and such eight persons shall 
constitute a Committee upon Elections of President and Vice-President. 
A majority of said committee shall be a quorum thereof, and the con¬ 
currence of such majority shall be necessary in any action thereof. Each 
member of such committee shall, before he enters upon the duties by this 
act imposed on such committee, take and subscribe the following oath : 

“ 1,-, do solemnly swear that I will faithfully and impartially 

perform all the duties imposed upon me by the act entitled ‘ An act to 
provide for and regulate the counting of votes for President and Vice- 
President;’ so help me God.” 

And such oaths of senators shall be filed in the archives of the Senate, 
and of members of the House of Representatives in the archives of the 
House. 

Sec. 2. That Congress shall be in session on the last Monday in Jan¬ 
uary next after any election for President and Vice-President shall have 
occurred ; and the Senate and House of Representatives shall meet in the 
hall of the House of Representatives, at one o’clock, afternoon of that 
day, and from day to day (Sundays excepted), at the same hour, until 
the duties required by this act shall have been performed ; the President 
of the Senate shall preside, and whenever the Senate shall withdraw, from 
time to time, the Speaker of the House shall resume his chair; having so 
met, the President of the “Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates and papers, purporting 
to be certificates of votes given at the last preceding election for President 
and for Vice-President, respectively, and which shall have come to his 
possession ; and the votes shall then be counted in the manner and with 
efi'ect hereinafter provided. 


4* 



78 


THE electors’ MANUAL. 

Sec. 3. That when the certificates of votes for President of the United 
States shall be opened by the President of the Senate, in the presence of 
the Senate.and House of Representatives, as provided in the Constitution 
and by this act, the same shall, with the votes therein contained or stated, 
be then and there delivered to the committee provided for in section one of 
this act; which committee shall forthwith proceed to examine the same, 
and shall count the votes which shall appear to have been legally given 
and duly certified and returned. And said committee shall report in 
writing as soon as may be to said meeting their proceedings, the state of 
the votes, and wbat })ersons, if any, have been juirsuant to law elected 
President and Vice-President respectively ; and if, on such report, any 
question shall be made by any senator or member of the House of Rep¬ 
resentatives touching the legal validity of any vote or votes so delivered 
to said committee, or touching any action of said committee, the Senate 
shall withdraw, and each house shall proceed to consider the question ; 
and if the two houses concur in the decision thereof, their judgment shall 
stand, and the report of such committee shall be modified accordingly ; 
but if they do not so concur, the report of such committee shall stand ; 
and if such committee shall be equally divided in opinion, the vote in 
question shall be counted unless both houses concur in rejecting the same. 
And the persons so declared elected shall respectively be deemed entitled 
to exercise the functions of their offices. 

Sec. 4. That section 142 of the Revised Statutes of the United States, 
and all provisions inconsistent with this act are hereby repealed. 

Which was disagreed to. 

Mr. Eaton moved the indefinite postponement of the bill, which was 
disagreed to; yeas 14, nays 31 (not voting 28), as follow : 

Yeas, Messrs. Bayard, Carpenter, Conkling, Cooper, Davis, Dennis, 
Eaton, Goldthwaite, Hager, Kelly, McCreery, Merrimon, Ransom, 
Stockton, 14. 

Kays, Messrs. Boreman, Boutwell, Chandler, Clayton, Conover, 
Cragin, Dorsey, Edmunds, Ferr}' of Michigan, Flanagan, Frelinghuysen, 
Hamlin, Harvey, Hitchcock, Ingalls, Jones of Nevada, Logan, Mitchell, 
Morrill of Vermont, Morton, Oglesby, Patterson, Pease, Sargent, Scott, 
Spencer, Sprague, Stewart, Washburn, West, VVindom, 31. 

The bill was then ordered to be engrossed and read a third time, and 
passed, yeas 28, nays 20 (not voting 25), as follow : 

Yeas, Messrs. Allison, Boreman, Boutwell, Chandler, Clayton, Con¬ 
over, Cragin, Dorsey, Ferry of Michigan, Flanagan, Frelinghuysen, 
Hamilton of Texas, Harvey, Hitchcock, Logan, Mitchell, Morrill of 
Vermont, Morton, Oglesby, Patterson, Pease, Ramsey, Sargent, Sher¬ 
man, Spencer, Washburn, West, Wright, 28. 

Nays, Messrs. Bayard, Bogy, Carpenter, Conkling, Cooper, Davis, 
Dennis, Eaton, Edmunds, GoMthwaite, Hager, Jones of Nevada, Kelly, 
Merrimon, Ransom, Saulsbury, Sprague, Stewart, Stockton, Windom, 20. 

In House. 


No action was taken. 



THE ELECTORS MANUAL. 


79 


Forty-fourth Congress^ First Session. 

In Senate. 

1875, December 8.—Mr. Morton ottered the same bill precisely, as is 
printed above; which was referred to the Committee on Privileges and 
Elections. ' 

1876, March 3.—It was reported without amendment. 

IMarch 21.—The Senate being as in committee of the whole, Mr. Cooper 
moved to add to the second section these words : 

And if the two houses do not agree as to which return shall be counted, 
then that vote shall be counted which the House of Representatives, 
voting by States in the manner provided by the Constitution when the 
election devolves upon the house, shall decide to be the true and valid 
return. 

Mr. Frelinghuysen moved to strike out all after the word “ agree” in 
the first line, and sub.stitute the following : 

The difference shall be immediately referred to the Chief Justice of 
the Supreme Court, the presiding officer of the Senate, and the Speaker 
of the House, whose decision shall be final. If the Chief Justice is absent 
or unable to attend, the senior associate justice of the Supreme Court 
present in the capitol or other place of meeting shall act in his place. 

Which was disagreed to, yeas 20, nays 29, as follow: 

Yeas, Messrs. Allison, Anthony, Bruce, Burnside, Cameron of Penn¬ 
sylvania, Conkling, Dawes, Ferry of Michigan, Frelinghuysen, Hamlin, 
Howe, Logan, McMillan, Morrill of Vermont, Morton, Paddock, Rob¬ 
ertson, Sharon, West, Windom, 20. 

Nays, Messrs. Bayard, Bogy, Booth, Boutwell, Christiancy, Cooper, 
Davis, Eaton, Goldthwaite, Gordon, Ingalls, Johnson, Jones of Florida, 
Kelly, Kernan, Key, McCreery, McDonald, Maxey, Merrimon, Mitchell, 
Norwood, Randolph, Ransom, Saulsbury, Stevenson, Thurman, Whyte, 
Withers, 29. 

Mr. Johnston moved to strike out all after the word “ and ” in the first 
line, and substitute the following: 

If the Senate should vote for counting one certificate and the House of 
Representatives another, the joint meeting of the two houses shall finally 
determine which shall be counted by States, the representation from 
each State, including the senators therefrom, having one vote, but if the 
representation of any State shall be equally divided, its vote shall not be 
counted. 

Which was disagreed to. Yeas 11, nays 39, as follow : 

Yeas, Messrs. Allison, Bogy, Davis, Johnston, Kelly, McCreery, 
Ransom, Sargent, Saulsbury, Thurman, Withers, 11. 

Nays, Messrs. Booth; Boutwell, Burnside, Cameron of Pennsylvania, 
Cameron of Wisconsin, Christiancy, Cockrell, Conkling, Cooper, Dawes, 
Dennis, Eaton, Edmunds, Ferry of Michigan, Frelinghuysen, Gordon, 
Hamilton, Hitchcock, Howe, Ingalls, Jones of Florida, Key, Logan, 
McDonald, McMillan, Maxey, Merrimon, Mitchell, Morton, Norwood, 
Oglesby, Paddock, Randolph, Robertson, Sharon, West, White, Win¬ 
dom, Wright, 39. 


80 


THE electors’ MANUAL. 


The amendment of Mr. Cooper was then disagreed to. Yeas 13, nays 
35, as follow: 

Yeas, Messrs. Bogy, Caperton, Cooper, Davis, Gordon, Johnston, 
Kelly, McCreery, McDonald, Kansom, Saulsbury, Thurman, Withers, 13. 

Nays, Messrs. Allison, Booth, Boutwell, Burnside, Cameron of Penn¬ 
sylvania, Cameron of Wisconsin, Christiancy. Cockrell, Conkling, 
Dawes, Dennis, Eaton, Edmunds, Ferry of Michigan, Frelinghuysen, 
Hamilton, Hitchcock, Howe, Ingalls, Jones of Florida, Key, Logan, 
McMillan, Maxey, Merrimon, Mitchell, Morton, Oglesby, Paddock, Kob- 
ertson, Sargent, West, Whyte, Windom, Wright, 35. 

Mr. Maxey moved to amend the bill by adding to section two the 
words : 

But if the two houses fail* to agree as to which of the returns shall be 
counted, then the President of the Senate shall decide which is the true 
and valid return, and the same shall then be counted. 

Which was disagreed to. Yeas 7, nays 38, as follow: 

Yeas, Messrs. Bogy, Cameron of Pennsylvania, Hamlin, Maxey, Rob¬ 
ertson, Sargent, Withers, 7. 

Nays, Messrs. Allison, Anthony, Bayard, Booth, Boutwell, Burnside, 
Cameron of Wisconsin, Caperton, Christiancy, Conkling, Dawes, Den¬ 
nis, Eaton, Edmunds, English, Ferry of Michigan, Frelinghuysen, Gold- 
thwaite, Gordon, Hamilton, Howe, Ingalls, Johnston, Jones of Florida, 
Jones of Nevada, Kelly, Key, McCreery, McDonald, Merrimon, Mitchell, 
Morrill of Maine, Morton, Norwood, Oglesby, Sharon, Whyte, Wright, 
38. 

March 23.—Mr. Randolph moved to add these new sections. 

Sec. —. To insure each State the count of the electoral vote, except 
it shall be rejected as provided for in section one of this act, it is declared 
the duty of each house of Congress to record its votes by ayes and noes 
upon all questions as to which are the true and valid returns of a State; 
and it shall be the duty of the presiding oflScer of each house to imme¬ 
diately forward to the other a true and detailed return of such vote. 

Sec. —. Should it then appear that the two houses have failed to agree 
as to which are the true and valid returns, they shall immediately re¬ 
assemble, and the President of the Senate shall announce those returns as 
valid which shall have received a majority of all the votes cast in both 
houses of Congress, considered as if in joint meeting assembled.- 

Sec. —. Should it occur that the aggregate vote of both houses be 
equally divided upon the question, then, and in that event only, the 
President of the Senate shall give the casting vote. 

Which was disagreed to. Yeas 12, nays 37, as follow: 

Yeas, Messrs. Bayard, Caperton, Cooper, Davis, Gordon, Johnston, 
McCreery, Randolph, Ransom, Saulsbury, Thurman, Withers, 12. 

Nays, Messrs. Bogy, Boutwell, Burnside, Cameron of Wisconsin, 
Christiancy, Conkling, Cragin, Dawes, Dennis, Dorsey, Eaton, Edmunds, 
Ferry of Michigan, Frelinghuysen, Goldthwaite, Hamlin, Howe, Jones of 
Florida, Kelly, Key, Logan, McDonald, McMillan, Merrimon, Mitchell, 
Morrill of Maine, Morton, Oglesby, Paddock, Patterson, Sargent, Spen¬ 
cer, Wadleigh, West, Whyte, Windom, Wright, 37. 



THE electors’ MANUAL. 


81 


Mnrch 24.—Mr. Bayard moved to add to section two these words: 

And if the two houses do not agree as to which return shall be counted, 
then that vote shall be counted which the House of Kepresentatives, 
voting by States in the manner provided by the Constitution when the 
election devolves upon the House, shall decide to be the true and valid 
return. 

Which was disagreed to. Yeas 18, na 3 's 34, as follow: 

Yeas, Messrs. Bayard, Bogy, Caperton, Cooper, Davis, Goldthwaite, 
Johnston, Kelly, Key, McCreery, McDonald, Maxey, Randolph, Ran¬ 
som, Saulsbury, Thurman, Wallace, Withers, 18. 

Nays, Messrs. Allison, Anthony, Booth, Burnside, Cameron of Penn¬ 
sylvania, Cameron of Wisconsin, Christiancy, Conkling, Dawes, Dennis, 
Dorsey, Eaton, Edmunds, English, Perry of Michigan, Frelinghuysen, 
Hamilton, Hamlin, Howe, Jones of Nevada, Logan, McMillan, Merri- 
mon, Mitchell, Morrill of Maine, Morton, Oglesby, Paddock, Patterson, 
Sargent, Sherman, Whyte, Windom, Wright, 34 

Mr. Wright moved to add, in section two, after the word “return,” 
where it first occurs in the last clause of the section, the words “ and that 
only;” which was agreed to. 

Other amendments by Mr. Burnside and Mr. Whyte were offered, 
and rejected, without a record of yeas and nays, and they are not inserted. 

The bill, as amended on motion of Mr. Wright, was then passed. 
Yeas 3J, nays 26, as follow : 

Yeas, Messrs. Allison, Anthony, Booth, Burnside, Cameron of Penn¬ 
sylvania, Cameron of Wisconsin, Christiancy, Dawes, Dorsey, Ferry, 
Frelinghuysen, Hamilton, Hamlin, Hitchcock, Ingalls, Jones of Nevada, 
Key, Logan, McMillan, Merrimon, Mitchell, Morrill of Maine, Morton, 
Oglesby, Paddock, Patterson, Sargent, Sherman, Spencer, Thurman, 
Windom, Wright, 32. 

Nays, Messrs. Bayard, Bogy, Caperton, Cockrell, Conkling, Cooper, 
Davis, Dennis, Eaton, Edmunds, English, Goldth waite, Howe, Johnston, 
Jones of Florida, Kelly, McCreery, McDonald, Maxey, Randolph, Ran¬ 
som, Saulsbury, Stevenson, Wallace, Whyte, Withers, 26. 

Mr. Thurman moved to reconsider this vote, which was postponed. 

April 19.—The motion to reconsider was agreed to. Yeas 31, nays 23, 
as follow: 

Yeas, Messrs. Bayard, Bogy, Caperton, Cockrell, Conkling, Cooper, 
Davis, Dawes, Dennis, Eaton, Edmunds, English, Goldthwaite, Gordon, 
Hamilton, Howe, Kelly, Kernan, Key, McCreery, Maxey, Merrimon, 
Norwood, Paddock, Randolph, Ransom, Saulsbury, Stevenson, Thur- 
man, Wallace, Withers, 31. ^ 

Nays, Messrs. Anthony, Booth, Boutwell, Burn.side, Cameron of 
Pennsylvania, Cameron of Wisconsin, Clayton, Cragin, Ferry, Freling¬ 
huysen, Hamlin, Harvey, Ingalls, Jones of Nevada, Logan, McMillan, 
Morrill of Maine, Morrill of Vermont, Morton, Oglesby, Robertson, 
Sargent, Windom, 23. (McPherson, 198.) 



82 


THE electors’ MANUAL. 


The’Joint Kules. 

In Senate. 

1876, January 20.—This resolution was adopted : 

Resolved by the Senate {the House of Representatives concurring)^ That 
the joint rules of the Senate and House of Hepresentatives in force at 
the close of the last session of Congress, excepting the twenty-second 
joint rule, be, and the same are hereby, adopted as the joint rules of the 
two houses for the present session. 

[The twenty-second rule provides the mode for counting and declaring 
the electoral vote for President and Vice-President.] (McPherson, 198.) 

Disqualifications of Electors. 

Several postmasters having been chosen electors at the Presidential 
election of 1836, Mr. Henr}' Clay, on the 28th of January, 1837, moved 
that the joint committee to count the votes for President and Vice-Presi¬ 
dent be required; “also to inquire into the expediency of ascertaining 
whether any votes were given at the recent election contrary to the pro¬ 
hibition contained in the second section of the second article of the Con¬ 
stitution, and if any such votes were given what ought to be done with 
them ; and whether any and what provision ought to be made for secur¬ 
ing a faithful observance in future of that section of the Constitution.” 

The members of the joint committee to discharge the duties required 
by Mr. Clay’s resolution were Felix Grundy, Silas Wright, and Henry 
Clay, on the part of the Senate, and Francis Thomas, Churchill C. Cam- 
breling, John Reed, Henry W. Connor, and Francis S. Lyon, on the 
part of the House. 

The action of the two houses may be gathered from the following ex¬ 
tracts from Gales ^ Seaton's Register of Debates in Congress: 

Extract from Gales ^ Seaton's Register of Debates in Congress, volume 13, 

part 1, page 617. 

Senate, January 27, 1837. 

Mr. Grundy moved to lay the bill on the table, for the purpose of tak¬ 
ing up and acting on the resolution submitted by him for the appoint¬ 
ment of a joint committee to count the votes for President and Vice- 
President. 

The motion having been agreed to, and Mr. Grundy’s resolution being 
before the Senate, 

Mr. Grundy said he had no objection to the inquiry proposed by the 
amendment, and he thought that some such provision as that proposed 
by the senator from Kentucky would be very proper. He had seen in 
the public papers a statement charging that some of the electors who 
voted in the late presidential election held offices under the General Gov¬ 
ernment, and had made inquiries for the purpose of ascertaining the 
truth of the matter. The information he had been able to collect related 
to two cases only, and as to these the report had been founded altogether 
upon a misapprehension. 


THE electors’ MANUAL. 


83 


Mr. Clay, after a few remarks, otfered the following; amendment: 
“And also to inquire into the expediency of ascertaining; whether any 
votes were given at the recent election contrary to the prohibition con¬ 
tained in the second section of the second article of the Constitution, and 
if any such votes were given what ought to be done with them ; and 
whetlier any and what provision ought to be made for securing a faithful 
observance, in future, of that section of the Constitution*” 

]SIr. Hubbard expressed his entire concurrence in the objects of the 
amendment proposed by the senator from Kentucky. He wished a strict 
inquiry to be instituted and measures to be adopted to guard against the 
occurrence of such a violation of the Constitution as the senator from 
Kentucky referred to. As it had been stated that two of the electors of 
his State (New Hampshire) held offices under the General Government, 
and were consequently ineligible, he was happy to state to the Senate 
that there was no foundation whatever for the report. 

The amendment of Mr. Clay was then adopted, aitd the resolution thus 
amended was agreed to. 

JSIr. Hubbard moved that the committee be appointed by the chair; 
which, by unanimous consent, was agreed to, and Messrs. Grundy, Clay, 
and Wright were selected. ' 

The Senate thereupon adjourned. 

Extract from Gales ^ Seaton^s Register of Debates in Congress^ volume 13, 

part 1, page 698. 

Senate, February 4, 1837. 

Mr. Grundy, from the select committee appointed to consider and re¬ 
port on the mode of examining and counting the votes for President and 
Vice-President, etc., and whether any votes have been given by persons 
not competent under the Constitution, made a special report thereon. 

The report states that in all instances not more than four or five 
electors have been chosen in some of the States who are officers of the 
General Government (deputy postmasters), and that such votes are in the 
opinion of the committee not in conformity with the provisions of the Con¬ 
stitution; but at the same time the few votes thus given will not vary 
the result of the election, as it was not contemp'ated by any one that the 
appointment of one ineligible elector would vitiate the vote of his State. 

Extracts from Gales Seaton's Register of Debates in Congress, volume 

13, p>art 2, page 1583. 

House of Kepresentatives. 

A message was received from the Senate informing the House of its 
concurrence in the report of the joint committee appointed to consider 
and report upon the mode of counting the votes for President and Vice- 
President of the United States. 

Mr. Thomas moved that the House concur with the Senate in the re¬ 
port and resolution thereto appended, as reported by him to this House 
on Saturday evening, as follows: 

The committee on the part of the House of Representatives appointed 


84 


THE electors’ MANUAL. 


to join such committee as might be appointed on the part of the Senate, 
to ascertain and report a mode of examining the votes for President and 
Vice-President of the United States, of notilying the persons elected 
of their election, and also to inquire into the expediency of ascertaining 
whether any votes were given at the recent election contrary to the 
prohibition contained in the second section of the second article of the 
Constitution, and if any such votes were given what ought to be done 
with them, and whether any and what provision ought to be made for 
securing the faithful observance in future of that section of the Consti¬ 
tution, report: That the short period at which they were appointed 
before the day on which the votes for President and Vice-President of 
the United States have to be counted, has prevented them from investi¬ 
gating the facts submitted to their examination as fully as might have 
been done had more time been allowed. The correspondence which has 
taken place between the chairniiin of the committee and the heads of 
different departments of the executive branch of the government accom¬ 
panies this report, from which it appears that Isaac Waldron, who was 
an elector in New Hampshire, was at the time of his appointment as 
elector, president of a deposit bank at Portsmouth, and was appointed 
and acting as pension agent, without compensation, under the authorit}'’ 
of the United States. That in two cases persons with the same names 
as the individuals who were ajtpointed and voted as electors in the State 
of North Carolina, held the offices of deputy postmaster under the Gen¬ 
eral Government. It also appears that in New Hampshire there is one 
case. In Connecticut there is one case. In North Carolina there is one 
case in which, from the report of the Postmaster-General, it is probable 
that at the time of the appointment of electors in these States respect¬ 
ively, the electors or persons of the same names were deputy postmas¬ 
ters. The committee have not ascertained whether the electors are the 
same individuals who held or are presumed to have held the offices of 
deputy postmasters at the time when the appointment of electors was 
made, and this is loss to be regretted, as it is confidently believed that 
no change in the result of the election of either President or Vice-Presi¬ 
dent would be effected by the ascertainment of the fact in either way, 
as five or six votes only would in any event be extracted from the whole 
number; for the committee cannot adopt the opinion entertained by 
some that a single illegal vote would vitiate the whole electoral vote of 
the college of electors in which it was given, particularly in cases where > 
the vote of the whole college has been given to the same persons. 

The committee are of the opinion that the second section of the second 
article of the Constitution, which declares that no senator or representa¬ 
tive, or person holding office of trust or profit under the United States, 
shall be appointed an elector, ought to be carried in its whole spirit into 
rigid execution, in order to prevent officers of the General Government 
from bringing their official power to influence the election of President 
and Vice-President of the United States. This provision of the Consti¬ 
tution, it is believed, excludes and disqualifies deputy postmasters from 
appointment of electors, and this disqualification relates to the time of 
the appointment, and that a resignation of the office of deputy postmas- 


THE electors’ MANUAL. 


85 


ter after his appointment as elector would not entitle him to vote as 
elector under the Constitution. 

Should a case occur in which it became necessary to ascertain and de¬ 
termine upon the qualification of electors of President and Vice-President 
of the United States, the important question would be presented, What 
tribunal under the Constitution would be competent to decide ? Whether 
the respective colleges of electors in the diflferent States should decide 
upon the qualification of their own members, or Congress should exer¬ 
cise the power, is a question which the committee are of the opinion 
ought to be settled by a permanent provision upon the subject. 

Mr. Mercer was understood to make an inquiry of the chairman [Mr. 
Thomas] in relation to the fact, whether any votes have been given by 
persons not competent, under the Constitution of the United States, to 
vote as electors of President and Vice-President. 

Mr. Thomas said a few words in explanation : The Committee on In¬ 
vestigation had found that there were three individuals in North Caro¬ 
lina, one in New Hampshire, and one in Connecticut, elected to the 
electoral college, who bore the same name with those of individuals who 
were deputy postmasters under the General Government; and the impres¬ 
sion on the minds of the committee was, that they were consequently 
the same individuals. 

The commitee, he said, came to the conclusion that, whether these 
votes were counted or not, the general result would not be aflfected, and 
they did not feel themselves authorized to recommend their rejection. 
The chief reason was, that it would be a very delicate power to be exer¬ 
cised on the part of Congress to determine upon the qualification of elec¬ 
tors of President and Vice-President of the United States. It was with 
the committee also a matter of considerable doubt whether, if such an 
inquiry should be gone into, it did not belong to the electoral college 
itself to judge of the qualifications of its own members. The committee, 
however, had expressed a very decided disapprobation of any oflBcer of 
the General Government participating in the manner these gentlemen 
had done in the election of President and Vice-President of the United 
States ; and they have proposed a remedy by either giving power to 
reject to the college or to Congress, as might be deemed most expedient. 

Mr. Cambreling stated, in addition what had been omitted by the gen¬ 
tleman from Maryland, that it appeared, from examining the lists of re¬ 
appointments of deputy postmasters, that the gentlemen referred to had 
probably all resigned before they gave their votes for President and Vice- 
President. 

Mr. Thomas had not adverted to that fact, because the committee came 
unanimously to the conclusion, that they were not eligible at the time 
they were elected, and therefore the whole proceeding was vitiated ab 
initio. 


86 


THE electors’ MANUAL. 


KEPORTS OF COMMITTEES OF THE SENATE AND HOUSE 

OF REPRESENTATIVES, 

Relative to the Mode of Electing the President and Vice-President; 

Relative to Disputed Votes, etc. 

Senate. 

Report from Mr. Benton, from the Select Committee to whom were 
referred the several resolutions proposing amendments to the Constitu¬ 
tion as regards the choice of the President and Vice-President of the 
United States. (19th Cong., 1st sess.. Senate Doc No. 22.) 

Report of the Committee on the Judiciary on the joint resolution (S. 
R. 22) in relation to the number of electoral votes which each State will 
be entitled to in the presidential election of 1852. (Senate Report No. 
116, 32d Cong., 1st sess.) 

Report of the Committee on the Judiciary on S. 428, “ supplementary 
to the several acts in force relative to the election of President and Vice- 
President.’’ (Manner of proceeding incase a vacancy should from any 
cause occur in the office of President. Senate Report No. 260, 34th 
Cong., 1st sess.) 

House of Representatives. 

Report submitted by Mr. Nicholas, January 22, 1801, on the several 
propositions to amend the Constitution in relation to the election of the 
President and Vice-President and members of the House of Representa¬ 
tives. (See Amer. State Papers, Miscellaneous, vol. 1, p. 216.) 

Report of the Select Committee to “inquire into the expediency of 
recommending to the several States the propriety of amending the Con¬ 
stitution of the United States in such a manner that the mode of electing 
members of the House of Representatives may be uniform throughout 
the United States; also, that the mode of choosing electors of President 
and Vice-President of the United States may be, in like manner, uni¬ 
form ; and also, that the election of said officers may in no event devolve 
upon the House of Representatives,” have had under consideration the 
subjects committed to their charge, and ask leave to submit the following 
report, with the accompanying resolutions. (House Reports of Com¬ 
mittees, 18th Cong., 1st sess.. No. 8.) 

Report of Mr. Thomas, of Maryland, from the joint committee of the 
two houses, appointed to ascertain and report a mode of examining the 
votes for President, etc., on the resolution directing them to inquire into 
the expediency of ascertaining whether any votes were given at the 
recent election contrary to the provisions of the second section of the 
second article of the Constitution, and if any such votes were given, 
what ought to bo done with them ; and whether any and what provision 
ought to be made for securing the faithful observance in future of that 
section of the Constitution. (H. R. Reports, 24th Cong., 2d sess., Vol. 1, 
No. 191. See also Senate Doc. same Cong, and sess.. No. 144.) 

Report of the Select Committee to whom were referred various amend¬ 
ments to the Constitution relative to the election of the President and 
Vice-President of the United States. (H. R. Reports of Committees, 
24th Cong., 2d sess., Vol. 2, No. 296.) 



ELECTORS’ MANUAL. 

O^onstitulional Irouisions 


STATUTES OF THE UNITED STATES 

RELATING TO 

PRESIDENTIAL ELECTIONS, 

ELECTIONS OF SENATORS AND REPRESENTATIVES, 

CITIZENSHIP, 

AND THE ELECTIVE FRANCHISE. 

WITH 

AN APPENDIX 

SUOAVINO THE METHOD OF COUNTING THE ELECTORAL VOTES FOR 

PRESIDENT AND VICE-PRESIDENT. 

BY 

CHARLES SIDNEY WHITMAN, 

AUTHOR OF “ PATENT LAWS AND PRACTICE OF OBTAINING LETTERS PATENT,” 
AND EDITOR OF “ PATENT CASES DETERMINED IN THE SUPREME ' * 

COURT OF THE UNITED STATES.” 

i 

I 


^'Ithas been a current observation that where annual elections end, tyranny begins." —Story. 


AV^ASHINGTON, D. C.: 

W. H. & O. H. MORRISON, 

LAW BOOKSELLERS AND PUBLISHERS. 

1 87 7 . 






















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